Sulaiman vs Revenue Divisional Officer
2024 Latest Caselaw 5938 Ker

Kerala High Court

Sulaiman vs Revenue Divisional Officer on 23 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 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 7143 OF 2024
PETITIONER:

          SULAIMAN, AGED 54 YEARS
          S/O. UMMER (LATE), CHERUPARAMBIL HOUSE,
          CHERUVAIKKARA, PUZHAPRAM P.O.,
          BIYYAM MALAPPURAM DISTRICT ., PIN - 679576

          BY ADVS.
          U.K.DEVIDAS
          S.K.SREELAKSHMY



RESPONDENTS:

    1     REVENUE DIVISIONAL OFFICER
          TIRUR, R.D.O. OFFICE, TIRUR, TIRUR P.O.,
          MALAPPURAM DISTRICT, PIN - 676101

    2     AGRICULTURE OFFICER
          KRISHI BHAVAN, EZHUVATHIRUTHY,
          PONNANI, MALAPPPURAM., PIN - 679586

    3     VILLAGE OFFICER,
          EZHUVATHIRUTHI VILLAGE, PONNANI,
          MALAPPPURAM, PIN - 679586
          R BY GP SMT.DEVISREE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7143 OF 2024     : 2 :




                     JUDGMENT

The petitioner is the owner in possession of an

extent of 16.90 Ares of land comprised in

Sy.No.202/3-4 of Ezhuvathiruthy Village, Ponnani

Taluk, Malappuram District.

2. The petitioner has approached this Court

seeking a direction to the 1st respondent, RDO 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.

Having heard the learned counsel for the

petitioner and the learned Government Pleader,

this writ petition is disposed of directing the

Agricultural Officer/Village Officer, as the case may

be, 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/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

Agricultural Officer/ Village Officer, the RDO shall

dispose of Ext.P3 within the time limit specified

earlier. The petitioner shall produce a copy of this

judgment along with a copy of this writ petition

before the Agricultural Officer/Village Officer

concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 06.04.2023 ISSUED BY THE EZHUVATHIRUTHY VILLAGE OFFICE

Exhibit P2 TRUE COPY OF THE ORDER DATED 13.02.2012 ISSUED BY THE SECRETARY, PONNANI MUNICIPALITY

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 28.12.2022 IN FORM NO.5 UNDER THE KERALA CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008 SUBMITTED BY THE PETITIONER

Exhibit P4 TRUE COPY OF THE FEE RECEIPT DATED 28.12.2022 ISSUED BY THE EZHUVATHIRUTHY VILLAGE OFFICE