Kerala High Court
Benny Melappilly Rappai vs The Parakkadavuvillage Office 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. 6715 OF 2024
PETITIONER:
BENNY MELAPPILLY RAPPAI, AGED 53 YEARS
MELAPPILLY HOUSE, PULIYANAM P O
ANGAMALY PIN 683572
NOW RESIDING AT RWEZORI COMMODITIES LTD
PLOT 9 OLD PORT BELL ROAD P O BOX NO 200072
KAMPALA UGANDA
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SABU MR MELAPPILLY HOUSE
PULIYANAM P O ANGAMALY, PIN - 683572
BY ADVS.
P.M.ARUN DAS
BIBIN VARGHESE
SANTHOSH KUMAR M.R.
K.ARUN
RESPONDENTS:
1 THE PARAKKADAVU VILLAGE OFFICE
REPRESENTED BY ITS VILLAGE OFFICER
PARAKKADAVU VILLAGE OFFICE
ERNAKULAM DISTRICT, PIN - 683579
2 THE PARAKKADAVU GRAMA PANCHAYATH OFFICE
REPRESENTED BY ITS SECRETARY
PARAKKADAVU GRAMA PANCHAYATH OFFICE
PARAKKADAVU ERNAKULAM DISTRICT, PIN - 683579
3 THE PARAKKADAVU AGRICUTURAL OFFICE
REPRESENTED BY ITS AGRICULTURAL OFFICER
PARAKKADAVU AGRICULTURE OFFICE
PARAKKADAVU ERNAKULAM DISTRICT, PIN - 683579
4 THE PARAKKADAVU LOCAL LEVEL MONITORING COMMITTEE OFFICE
REPRESENTED BY ITS PRESIDENT
PARAKKADAVU PANCHAYATH OFFICE
PARAKKADAVU ERNAKULAM DISTRICT, PIN - 683579
5 THE REVENUE DIVISIONAL OFFICE
REPRESENTED BY ITS REVENUE DIVISIONAL OFFICER
WP(C) NO. 6715 OF 2024 : 2 :
REVENUE DIVISION OFFICE FORT KOCHI
ERNAKULAM DISTRICT, PIN - 682001
R BY GP SMT.DEVISREE
R BY SRI.ANIL PRABHA K., SC
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. 6715 OF 2024 : 3 :
JUDGMENT
The petitioner is the owner in possession of an
extent of 4.05 Ares of land comprised in
Re.Sy.No.253/2 (old Sy.Nos.315/12A/3, 12A/1 and
12/B) of Parakkadavu Village, Aluva Taluk,
Ernakulam District.
2. The petitioner has approached this Court
seeking a direction to the 5 th respondent, RDO to
consider and dispose of Ext.P8 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.P8 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.P8 application, as expeditiously as
possible, at any rate, within a period of three 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.P8 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 THE TRUE COPY OF THE POWER OF ATTORNEY
DATED 06-11-2023
Exhibit P2 THE COPY OF THE SETTLEMENT DEED NO.
606/2010 OF SUB REGISTER OFFICE ANGAMALY,
DATED 23-02-2010
Exhibit P3 THE RECEIPT OF PROPERTY TAX FROM
PARAKKADAVU GRAMA PANCHAYATH DATED
02/05/2023
Exhibit P4 THE RECEIPT OF LAND TAX DATED 02/05/2023
Exhibit P5 THE COPY OF THE RECORD OF PROPERTY OF THE
PETITIONER IN DATA BANK
Exhibit P6 THE COPY OF THE SETTLEMENT DEED
NO.3958/1981 DATED 7/7/1981 OF SUB
REGISTRAR OFFICE, ANGAMALY
Exhibit P7 THE COPY OF THE SETTLEMENT DEED
NO.3015/1952 DATED 18/11/1952 OF SUB
REGISTRAR OFFICE, ANGAMALY
Exhibit P8 THE COPY OF THE APPLICATION DATED
19/05/2022 BEFORE THE 1ST RESPONDENT
OFFICE
