Kerala High Court
Santhosh Kumar 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.8008 OF 2024
PETITIONER:
SANTHOSH KUMAR, AGED 53 YEARS,
S/O.AYYAPPA PANICKER, KAPPILIYATH HOUSE,
IRANIKKULAM, NEAR PHC IRANIKKULAM, KAKKULISSERY,
THRISSUR DISTRICT, PIN - 680734
BY ADV BINIYAMIN K.S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
ERNAKULAM REVENUE DIVISIONAL OFFICE, KB JACOB ROAD,
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001
3 THE TAHSILDAR
ALUVA TALUK OFFICE, MINI CIVIL STATION, PERIYAR
NAGAR, ALUVA, ERNAKULAM DISTRICT, PIN - 683101
4 THE VILLAGE OFFICER
PARAKKADAVU VILLAGE OFFICE, MOOZHIKULAM,
KURUMASSERY, ERNAKULAM DISTRICT, PIN - 683579
5 THE AGRICULTURAL OFFICER, PARAKKADAVU KRISHI BHAVAN
PARAKKADAVU, ERNAKULAM DISTRICT, PIN - 683579
SMT.R.DEVISREE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.8008 of 2024 2
JUDGMENT
The petitioner is the owner in possession of
an extent of 6 Ares 88 Sq.Meters of land comprised
in Sy.No.918-2 of Parakkadavu Village, Aluva
Taluk, Ernakulam District.
2. The petitioner has approached this Court
seeking a direction to the 2nd respondent, the
Revenue Divisional Officer, 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.
4. Having heard the learned counsel for the
petitioner and the learned Government Pleader,
this writ petition is disposed of directing the 5 th
respondent/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 petitioner shall produce a
copy of the judgment, along with a copy of the
writ petition, before the Agricultural Officer for
due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/29/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit-P1 TRUE COPY OF THE TAX RECEIPT BEARING
NO. KL07040205581/2023 FOR THE PERIOD
OF 2023-2024 DATED 17/05/2023
Exhibit-P2 TRUE COPY OF THE RELEVANT EXTRACT OF
THE PUBLISHED DATA BANK OF PARAKKADAVU
GRAMA PANCHAYAT DATED 23-02-2012
Exhibit-P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 05-03-2022
