Sainudheen vs Revenue Divisional Officer,Tirur
2024 Latest Caselaw 5489 Ker

Kerala High Court

Sainudheen vs Revenue Divisional Officer,Tirur on 16 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                         WP(C) NO.6060 OF 2024
PETITIONER:

             SAINUDHEEN
             AGED 54 YEARS
             S/O.BEERANKUTTY, RESIDING AT PUTHUKAYIL HOUSE,
             P.O.ALATHIYUR, TIRUR TALUK, MALAPURAM DISTRICT.,
             PIN - 676102
             BY ADVS.
             K.P.SHEREEF
             H.NUJUMUDEEN
             BILAL AHAMED K.P.


RESPONDENTS:

      1      REVENUE DIVISIONAL OFFICER,TIRUR
             P.O.TIRUR-1,MALAPPURAM DISTRICT, PIN - 676101
      2      AGRICULTURAL OFFICER,TRIPRANGODE
             P.O.TRIPRANGODE,TIRUR TALUK,MALAPPURAM DISTRICT,
             PIN - 676108


             SMT.R.DEVI SHRI, GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.6060 of 2024                     2



                                     JUDGMENT

The petitioner is the owner in possession of

an extent of 7.58 Ares of land, comprised in

Sy.No.43/4-11 and 43/4-12 in Block No.003 of

Tripangode Village, Tirur Taluk.

2. The petitioner has approached this Court

seeking a direction to the 1st respondent, the

Revenue Divisional Officer, to consider and

dispose of Ext.P2 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.P2 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.

4. Having heard the learned counsel for the

petitioner and the learned Government Pleader,

this writ petition is disposed of directing the 2 nd

respondent, the Agricultural 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.P2 application, as

expeditiously as possible, at any rate, within a

period of two months from the date of receipt of

the report from the Agricultural Officer. The

timelines as above shall be strictly complied with

by the respective officers. In case the report has

already been submitted by the Agricultural

Officer, the RDO shall dispose of Ext.P2 within

the time limit specified earlier. The petitioner

shall produce a copy of the judgment, along with a

copy of the writ petition, before the Agricultural

Officer concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/16/02/2024

APPENDIX PETITIONER'S EXHIBITS:-

Exhibit P1 LAND TAX RECEIPT NO. KL10042814980/2023 ISSUED BY TRIPRANGODE VILLAGE OFFICER ON 27-11-2023 Exhibit P2 TRUE COPY OF THE FORM 5 PETITION NO.8/ 2024/611996 DATED 11-01-2024 Exhibit P3 THARAM MATTAL RECEIPT NO. KL10042800390 ISSUED FROM THE VILLAGE OFFICE, TRIPRANGODE ON 11-01-2024