Kerala High Court
Sumesh U vs The 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.6554 OF 2024
PETITIONER:
SUMESH U, AGED 42 YEARS, S/O.T.R UNNIKRISHNAN,
THARAVANTHEDATH VEEDU, THOTTAKKATTUTHARA,
KODUVAYUR P.O, PALAKKAD DISTRICT, PIN - 678501
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD
REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE AGRICULTURAL OFFICER FOR THE KODUVAYUR GRAMA
PANCHAYAT, KRISHI BHAVAN, KODUVAYUR P.O,
PALAKKAD DISTRICT, PIN - 678501
3 THE VILLAGE OFFICER, KODUVAYUR-1 VILLAGE OFFICE,
KODUVAYUR P.O, PALAKKAD DISTRICT, PIN - 678501
BY SMT.DEVISHREE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.6554 of 2024 2
JUDGMENT
The petitioner is the owner in possession of
an extent of 0.0309 Hectares of land, comprised in
Re.Sy.No.778/4-12 in Re.Sy.Block No.1 of
Koduvayur-1 Village, Chittur Taluk, Palakkad
District.
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/23/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit-P1 A TRUE COPY OF THE POSSESSION
CERTIFICATE DATED 10.07.2022 OF THE
LAND ISSUED BY THE THIRD RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED
16.07.2022 SUBMITTED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
