Anil Lal vs State Of Kerala
2024 Latest Caselaw 5986 Ker

Kerala High Court

Anil Lal vs State Of Kerala 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. 7192 OF 2024
PETITIONER:

          ANIL LAL, AGED 60 YEARS
          SON OF NARAYANAN, PARAKKAT HOUSE,
          KALADY P. O., KALADY, ALUVA TALUK,
          ERNAKULAM DISTRICT, PIN - 683574

          BY ADV MEREENA.J.JOSEPH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001

    2     THE LAND REVENUE COMMISSIONER
          COMMISSIONERATE OF LAND REVENUE,
          PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN - 682030

    4     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER
          FORT KOCHI, PIN - 682001

    5     LOCAL LEVEL MONITORING COMMITTEE FOR KALADY VILLAGE
          REPRESENTED BY ITS CONVENER,
          AGRICULTURAL OFFICER, KRISHIBHAVAN,
          KALADY, ERNAKULAM DISTRICT, PIN - 683574
          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. 7192 OF 2024           : 2 :




                      JUDGMENT

The petitioner is the owner in possession of an

extent of 8 Ares of land comprised in

Re.Sy.No.375/17-3 of Kalady Village, Ernakulam

District.

2. The petitioner has approached this Court

seeking a direction to the 4th respondent, RDO to

consider and dispose of Ext.P1 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.P1 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 concerned, 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.P1 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.P1

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 APPLICATION FILED BY THE PETITIONER IN RESPECT OF THE PROPERTY COMPRISING IN BLOCK 26, RE- SURVEY NO. 375/17-3 OF KALADYVILLAGE UNDERFORM 5 DATED 16/3/2023