Kerala High Court
Eapen Jose Mathew vs The District Collector on 15 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5816 OF 2024
PETITIONER:
EAPEN JOSE MATHEW
AGED 58 YEARS
S/O. LATE MATHEW, KIZHAKKEKARA HOUSE,
KANHIRAPUZH P.O., MANNARKKAD,
PALAKKAD, NOW RESIDING AT 6905,
CANNON FALLS DR, PLANO, TX-75024 U S A.,
THROUGH HIS POWER OF ATTORNEY HOLDER JOMY GEORGE,
AGED 49 YEARS, S/O. GEORGE,
RESIDING AT KALLARAKKAL MALIYEKKAL HOUSE,
POOCHOLA P. O, MANNARKKAD,
PALAKKAD, PIN - 678 598.
BY ADV MUHASIN K.M.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD,
PIN - 678 013.
2 THE REVENUE DIVISIONAL OFFICER
OTTAPPALAM REVENUE DIVISIONAL OFFICE,
OTTAPALAM, PALAKKAD, PIN - 679 101.
3 THE TAHSILDAR
MANNARKKAD TALUK OFFICE,
MANNARKKAD, PALAKKAD, PIN - 678 582.
4 THE VILLAGE OFFICER
POTTASSERY I VILLAGE OFFICE,
KANJIARAM, POTTASSERY P.O.,
PALAKKAD, PIN - 678 598.
5 THE AGRICULTURAL OFFICER
POTTASSERI KRISHI BHAVAN,
POTTASSERI, PALAKKAD,
PIN - 678 598.
SMT.DEVISHREE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.5816 OF 2024
2
JUDGMENT
The petitioner is the absolute owner in possession
of an extent of 1 Hecter 20.99 Ares of land in Block
No.001 of Pottasseri I Village, Mannarkkad Taluk in
Palakkad District, out of which 63.99 Ares of land
comprised in Sy. Nos.114/1B-62, 114/6A1-1, 203/2-1,
205/1-1, 205/1-3, 205/3-2 and 205/3-3 is shown as
'Nanja' in the revenue records.
2. The petitioner has approached this Court
seeking a direction to the 2nd respondent, RDO to
consider and dispose of Ext.P4 application in Form 5
filed under Rule 4(d) of the Kerala Conservation of
Paddy land and Wetland Rules, 2008 (hereinafter
referred to as 'the Rules').
3. Ext.P4 being a statutory application under the
Rules, the competent authorities have a bounden duty
to consider the same in accordance with law within a
reasonable time.
Having heard the learned counsel for the
WP(C).No.5816 OF 2024
petitioner and the learned Government Pleader, this
writ petition is disposed of directing the 4 th respondent,
the Village Officer to submit a report as contemplated
under Rule 4(e) of the Rules to the RDO within two
months from the date of receipt of a copy of this
judgment. The RDO shall dispose of Ext.P4 application,
as expeditiously as possible, at any rate, within a
period of three months from the date of receipt of the
report from the Village Officer. The timelines as above
shall be strictly complied with by the respective
officers. In case the report has already been submitted
by the Village Officer, the RDO shall dispose of Ext.P4
within the time limit specified earlier. The petitioner
shall produce a copy of this judgment along with a copy
of the writ petition before the Village Officer concerned
for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.5816 OF 2024
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
14.12.2023.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF THE RELEVANT
PAGES OF DATA BANK ISSUED BY POTTASSERI
KRISHI BHAVAN.
EXHIBIT P4 TRUE COPY OF THE FORM 5 APPLICATION DATED
16.01.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 16.01.2024
EVIDENCING THE PAYMENT OF FEE FOR FORM 5
APPLICATION.
RESPONDENTS EXHIBITS: NIL.
