Thayngoli Madathil Padmanabhan vs State Of Kerala
2024 Latest Caselaw 6260 Ker

Kerala High Court

Thayngoli Madathil Padmanabhan vs State Of Kerala 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.7997 OF 2024
PETITIONER:

             THAYNGOLI MADATHIL PADMANABHAN, AGED 63 YEARS
             S/O.V.CHATHU NAMBIAR,RESIDING AT 'ANKUR NIVAS',
             CHALA EAST P.O., KANNUR -, PIN - 670621
             BY ADVS.
             MAHESH V RAMAKRISHNAN
             PRAVEEN K.S.

RESPONDENTS:

     1       STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT,
             REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2       THE DISTRICT COLLECTOR
             CIVIL STATION, KANNUR, PIN - 670002
     3       THE REVENUE DIVISIONAL OFFICER
             THALASSERY, KANNUR, PIN - 670101
     4       THE LOCAL LEVEL MONITORING COMMITTEE
             CHEMBILODE GRAMA PANCHAYATH, MOWENCHERY, CHALA,
             KANNUR, PIN - 670621
     5       THE SECRETARY, CHEMBILODE GRAMA PANCHAYATH,
             MOWENCHERY, CHALA, KANNUR, PIN - 670621
     6       THE VILLAGE OFFICER
             CHEMBILODE P.O, CHEMBILODE, KANNUR, PIN - 670307
             BY SR.GP.SMT.K.AMMINIKUTTY
               SRI.R.RAJPRADEEP, SC

      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.7997 of 2024                2




                                JUDGMENT

The petitioner is the owner in possession of

an extent of 0.2267 Hectares of land comprised in

Re-Sy.No.56/115 of Chembilode Village, Kannur

Taluk, Kannur District.

2. The petitioner has approached this Court

seeking a direction to the 3rd respondent, the

Revenue Divisional Officer, to consider and

dispose of Ext.P4 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.P4 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

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.P4 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 concerned. 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

concerned, the RDO shall dispose of Ext.P4 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 concerned for due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/29/02/2024

APPENDIX

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE COPY OF THE REGD. DEED OF PARTITION NO.2023, S.R.O.KADACHIRA DATED 28.06.2007.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 09-05-2023 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 25-08-2017 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE FORM-5 APPLICATION DATED 09-05-2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT .