Kerala High Court
Kurian vs Revenue Divisional Officer (Rdo) Fort ... 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. 6973 OF 2024
PETITIONER:
KURIAN, AGED 66 YEARS
S/O JOSEPH, THARAMEL HOUSE,
EDAPPALLY SOUTH VILLAGE, EDAPPALLY,
ERNAKULAM, PIN - 682021
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (RDO) FORT KOCHI
REVENUE DIVISIONAL OFFICE, FORT KOCHI P.O
ERNAKULAM, PIN - 682001
2 THE TAHSILDAR
KANAYANNUR TALUK OFFICE, PARK AVE,
NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, ERNAKULAM, PIN - 682011
3 THE VILLAGE OFFICER
THRIKKAKKARA NORTH VILLAGE OFFICE,
KOONAMTHAI, PADIVATTOM, ERNAKULAM, PIN - 682024
4 THE LOCAL LEVEL MONITORING COMMITTEE
KALAMASSERY MUNICIPALITY,
REP. BY ITS CONVENER, AGRICULTURAL OFFICER,
KALAMASSERY KRISHI BHAVAN, KANGARAPPADY,
VADACODE P.O, ERNAKULAM, PIN - 682021
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. 6973 OF 2024 : 2 :
JUDGMENT
The petitioner is the owner in possession of an
extent of 3.84 Ares of land comprised in Sy.No.292/5-
2-2 of Thrikkakara North Village, Ernakulam
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 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.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 TAX RECEIPT DATED
21.06.2021 OF 3.84 ARES OF THE PROPERTY
FOR THE YEAR 2021-2022 ISSUED BY THE
VILLAGE OFFICER IN THE NAME OF THE
PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
DATA BANK PUBLISHED BY THE KALAMASSERY
KRISHI BHAVAN INCLUDING THE PROPERTY OF
THE PETITIONER AS CONVERTED LAND
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
REVENUE DIVISIONAL OFFICER DATED
01.09.2021 ALONG WITH RECEIPT
ACKNOWLEDGING THE RECEIPT OF THE FORM 5
APPLICATION
