Fathima C.M vs The Revenue Divisional Officer
2024 Latest Caselaw 5979 Ker

Kerala High Court

Fathima C.M 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. 7144 OF 2024
PETITIONER:

          FATHIMA C.M, AGED 54 YEARS
          W/O. ABOOBACKER, KALATHITHARA HOUSE,
          POOCHAKKAL P.O, PANAVALLY,
          CHERTHALA, ALAPPUZHA, PIN - 688526

          BY ADV C.K.SHERIN



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          REVENUE DIVISIONAL OFFICE,
          THATHAMPALLY, ALAPPUZHA, PIN - 688013

    2     THE AGRICULTURAL OFFICER
          KRISHI BHAVAN, PANAVALLY,
          CHERTHALA, ALAPPUZHA, PIN - 688526

    3     THE VILLAGE OFFICER
          PANAVALLY VILLAGE OFFICE,
          CHERTHALA ALAPPUZHA, PIN - 688526
          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. 7144 OF 2024          : 2 :




                         JUDGMENT

The petitioner is the owner in possession of an

extent of 20.03 Ares of land comprised in

Sy.Nos.56/6A-58 and 56/6A-57 of Panavally Village,

Cherthala Taluk, Alappuzha 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 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.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 this judgment along with the

copy of this writ petition before the Agricultural

Officer concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.

1834/2007 DATED 30.05.2007

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 21.10.2023 FOR THE PERIOD 2023-2024 ISSUED BY THE PANAVALLY VILLAGE OFFICER

Exhibit P3 A TRUE COPY OF THE APPLICATION IN FORM NO. 5 DATED 24.11.2023

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 24.11.2023 SHOWING THE ACCEPTANCE OF EXT P3 THROUGH ONLINE