Kerala High Court
Rajan K.P vs Revenue Divisional Officer 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.8031 OF 2024
PETITIONER:
RAJAN K.P., AGED 61 YEARS
S/O.PARAMESWARAN KARICKAL HOUSE,THALACODE.P.O
MULAMTHURUTHY ERNAKULAM DISTRICT, PIN - 682314
BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA REVENUE DIVISIONAL OFFICE
GROUND FLOOR, PATTIMATTOM - MUVATTUPUZHA ROAD,
MUVATTUPUZHA, ERNAKULAM, PIN - 686673
2 THE VILLAGE OFFICER
THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK
MUVATTUPUZHA, ERNAKULAM, PIN - 686669
3 AGRICULTURAL OFFICER
KRISHI BHAVAN, THIRUVANIYOOR VILLAGE KUNNATHUNADU
TALUK MUVATTUPUZHA, ERNAKULAM, PIN - 682308
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.8031 of 2024 2
JUDGMENT
The petitioner is the owner in possession of
an extent of 6.89 Ares of land comprised in
Sy.No.110/1-3 in Block No.41 of Thiruvaniyoor
Village, Kunnathunad Taluk, Ernakulam District.
2. The petitioner has approached this Court
seeking a direction to the 1st 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 3 rd
respondent/Agricultural Officer to submit a report
as contemplated under Rule 4(e) of the Rules to
the RDO within one months from the date of receipt
of a copy of this judgment. The RDO shall dispose
of Ext.P4 application, in the light of Ext.P5
report, 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.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 for due
compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/01/03/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit P 1 A TRUE COPY OF THE RELEVANT PAGES OF
THE DATA BANK ISSUED BY THE 3RD
RESPONDENT
Exhibit P 2 A TRUE COPY OF THE APPLICATION DATED
20.10.2020
Exhibit P 3 A TRUE COPY OF THE JUDGMENT IN W.P.[C ]
24442/2020 DATED 13.11.2020
Exhibit P 4 A TRUE COPY OF THE FORM 5 APPLICATION
DATED 14.1.2023 BEFORE THE 1ST
RESPONDENT
Exhibit P 5 . A TRUE COPY OF THE RELEVANT PAGES OF
THE SATELLITE REPORT OF THE KERALA
STATE REMOTE SENSING AND ENVIRONMENT
CENTRE, THIRUVANANTHAPURAM DATED
5.10.2023
Exhibit P 6 A TRUE COPY OF THE RELEVANT PAGE OF THE
REPORT OF THE 2ND RESPONDENT
Exhibit P 7 A TRUE COPY OF THE PHOTOGRAPHS OF THE
PETITIONER'S PROPERTY
