Kerala High Court
Lijomon Joseph vs 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.8069 OF 2024
PETITIONER:
LIJOMON JOSEPH, AGED 47 YEARS
S/O.THOMAS JOSEPH, KAROTT VEETTIL, KULAPPURATH,
PEROOR VILLAGE, KOTTAYAM DISTRICT, PIN - 686637
BY ADV C.K.SHERIN
RESPONDENTS:
1 DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, KB JACOB ROAD,
FORT KOCHI, PIN - 682001
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, THRIKKAKKARA, KAKKANAD, PIN - 682030
4 THE VILLAGE OFFICER
THRIKKAKKARA, KAKKANAD, PIN - 682030
BY SR.GP.SMT.K.AMMINIKUTTY
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.8069 of 2024 2
JUDGMENT
The petitioner is the owner in possession of a
total extent of 44.36 Ares of land (12.4 Ares
comprised in Sy.No.274/11-3, 10.68 Ares in
Sy.No.274/9-5, 6.7 Ares in Sy.No.274/13-3, 4.7
Ares in Sy.No.274/15-2, 4.7 Ares in Sy.No.274/14-
2, 6.20 Ares in Sy.No.274/12 and 1.23 Ares in
Sy.No.274/10-5) in Kakkanad Village, Kanayannur
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.P6 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.P6 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 3 rd
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.P6 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.P6 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 LAND TAX RECEIPT DATED
31.07.2023 FOR THE PERIOD 2023-2024
ISSUED BY THE VILLAGE OFFICE; KAKKANAD
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGE OF THE
DATA BANK ISSUED BY THE VILLAGE OFFICE,
KAKKANAD ON 19.03.2016
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
19.03.2016 ISSUED BY THE VILLAGE
OFFICER, KAKKANAD
Exhibit P4 A TRUE COPY OF THE CHALLAN DATED
25.02.2016
Exhibit P5 A TRUE COPY OF THE RECEIPT NO.1184
DATED 24.02.2016 ISSUED FROM THE OFFICE
OF THE DISTRICT COLLECTOR
Exhibit P6 A TRUE COPY OF THE APPLICATION IN FORM
NO.5 DATED 17.08.2023
Exhibit P7 TRUE COPY OF THE RECEIPT DATED
17.08.2023 SHOWING THE ACCEPTANCE OF
EXT P6 THROUGH ONLINE
