Kerala High Court
Mathukutty Mathew vs The District Collector 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.6055 OF 2024
PETITIONER:
MATHUKUTTY MATHEW, AGED 62 YEARS, THYPARAMBIL,
MEETHALAKARA, PATHANAMTHITTA, PIN - 689105
BY ADVS.
AMJATHA D.A.
MUHASIN K.M.
FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
SECOND FLOOR, COLLECTORATE ROAD, CHITTOOR,
PATHANAMTHITTA, PIN - 689645
2 THE REVENUE DIVISIONAL OFFICER
THIRUVALLA REVENUE DIVISIONAL OFFICE, PALIKARA RD,
THIRUVALLA, PATHANAMTHITTA, PIN - 689101
3 THE TAHSILDAR, THIRUVALLA TALUK OFFICE, THIRUVALLA,
PATHANAMTHITTA, PIN - 689101
4 THE AGRICULTURAL OFFICER, ERAVIPEROOR KRISHI
BHAVAN, ERAVIPEROOR, PATHANAMTHITTA, PIN - 689541
5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
SRI.VISHNU S.CHEMPAZHANTHIYIL, SC, KSREC
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.6055 of 2024 2
JUDGMENT
The petitioner is the owner in possession of
an extent of 8.20 Ares of land, comprised in
Sy.No.75/9 of Eraviperoor Village, Tiruvalla
Taluk, Pathanamthitta District.
2. The petitioner has approached this Court
seeking a direction to the 2nd respondent, the
Revenue Divisional Officer, to consider and
dispose of Ext.P3 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.P3 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, the learned Standing Counsel and the
learned Government Pleader, this writ petition is
disposed of directing the 4th 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.P3 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.P3 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 TRUE COPY OF THE TAX RECEIPT DATED
27.12.2023
Exhibit P2 TRUE COPY OF THE EXTRACT OF RELEVANT
PAGES OF PUBLISHED DATA BANK OF
ERAVIPEROOR GRAMA PANCHAYATH DATED
18.01.2021
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
DATED 10.10.2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT DATED
10.10.2023 EVIDENCING THE PAYMENT OF
FEE FOR FORM 5 APPLICATION
