Kerala High Court
Surjith Kumar. S vs The Revenue Divisional Officer on 6 March, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO.8964 OF 2024
PETITIONER:
SURJITH KUMAR S., AGED 47 YEARS
S/O.SREENIVASAN, RESIDING AT SREENIVAS HOUSE,
PURAKKATTIRI, THALAKKULATHUR P.O,
KOZHIKODE DISTRICT, PIN - 673317
BY ADVS.
AASHIQUE AKTHAR HAJJIGOTHI
AMINA AKTHAR
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
KOZHIKODE REVENUE DIVISIONAL OFFICER, CIVIL STATION
KOZHIKODE, SH 29, WAYANAD ROAD, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
2 THE AGRICULTURAL OFFICER
THALAKKULATHUR KRISHI BHAVAN, THALAKKULATHUR,
EDAKKARA P.O, KOZHIKODE DISTRICT, PIN - 673616
3 THE VILLAGE OFFICER
THALAKKULATHUR VILLAGE OFFICE, THALAKKULATHUR,
KOZHIKODE DISTRICT, PIN - 673317
BY SMT.R.DEVISREE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.8964 of 2024 2
JUDGMENT
The petitioner is the owner in possession of
an extent of 6 Ares 73.45 Sq.Meters of land,
comprised in Sy.Nos.139/92 and 139/93 in Block
No.3 of Thalakkulathur Village, Kozhikode Taluk,
Kozhikode 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.P2 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.P2 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, the learned Standing Counsel and the
learned Government Pleader, this writ petition is
disposed of directing the 3rd respondent, the
Village 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.P2 application, as expeditiously as possible,
at any rate, within a period of two months from
the date of receipt of the report from the Village
Officer. The timelines as above shall be strictly
complied with by the respective officers. In case
the report has already been submitted by the
Village Officer, the RDO shall dispose of Ext.P2
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
Village Officer concerned for due compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
sp/06/03/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Exhibit-P1 TRUE COPY OF THE POSSESSION CERTIFICATE
BEARING NO.82306440 DATED 08-12-2023
Exhibit-P2 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 09-12-2023
