Kerala High Court
Reji Varghese vs The District Collector on 29 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 7892 OF 2024
PETITIONERS:
1 REJI VARGHESE, AGED 55 YEARS
S/O. K. M. VARGHESE, KANICHUKATTU KUZHIUZHATHIL,
PURAMATTOM, PATHANAMTHITTA, PIN - 689543
2 PREETHI REJI VARGHESE, AGED 49 YEARS
W/O. REJI VARGHESE, KANICHUKATTU KUZHIUZHATHIL,
PURAMATTOM, PATHANAMTHITTA, PIN - 689543
BY ADVS.
AMJATHA D.A.
MUHASIN K.M.
FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR
FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM - 682030
2 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI REVENUE DIVISIONAL OFFICE,
K B JACOB ROAD, FORT KOCHI,
ERNAKULAM, PIN - 682001
3 THE TAHSILDAR
KANAYANNUR TALUK OFFICE,
NEAR SUBHASH PARK,
ERNAKULAM, PIN - 682011
4 THE AGRICULTURAL OFFICER
THRIKKAKARA KRISHI BHAVAN,
KUNNUMPURAM, THRIKKAKARA,
KAKKANAD, ERNAKULAM, PIN - 682030
5 THE DIRECTOR
KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7892 OF 2024 : 2 :
JUDGMENT
The petitioners are the owners in possession of a
total extent of 3.80 Ares of land, out of which 2.73
Ares in Sy.Nos.347/4-3-6 (22 sq.mtr.), 347/1-4-4 (81
sq.mtr.) and 347/1-3-6 (1.70 Ares) of Kakkanad
Village, Kanayannur Taluk, Ernakulam District.
2. The petitioners have approached this Court
seeking a direction to the 2 nd 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, the learned Government Pleader and the
learned Standing Counsel for the 5 th respondent, this
writ petition is disposed of directing the 4 th
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 three 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 petitioners shall produce a copy of this
judgment along with a copy of the writ petition before
the Agricultural Officer concerned for due
compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 16.07.2022
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED
DATA BANK OF THRIKKAKARA MUNICIPALITY DATED
03.02.2021
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED
23.01.2024 SUBMITTED BY THE PETITIONERS BEFORE
THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE RECEIPT DATED 24.01.2024
EVIDENCING THE PAYMENT OF FEE FOR FORM 5
APPLICATION
