Sulesh vs Versus The District Collector
2024 Latest Caselaw 12027 Ker

Kerala High Court

Sulesh vs Versus The District Collector on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                           WP(C) NO. 17281 OF 2024
PETITIONER:

              SULESH V S
              AGED 46 YEARS
              S/O. SIVASANKARAN, VADASSERY HOUSE, MATTATHUR P.O.,
              THRISSUR, PIN - 680684
              BY ADV SHAKTHI PRAKASH


RESPONDENTS:

     1        THE DISTRICT COLLECTOR
              FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR,
              PIN - 680003
     2        THE REVENUE DIVISIONAL OFFICER
              IRINJALAKUDA REVENUE DIVISIONAL OFFICE, 1ST FLOOR,
              CIVIL STATION, IRINJALAKUDA, THRISSUR, PIN - 680125
     3        THE TAHSILDAR
              MUKUNDAPURAM TALUK OFFICE, MUKUNDAPURAM, CHEMMANDA ROAD,
              IRINJALAKUDA, THRISSUR, PIN - 680125
     4        THE AGRICULTURAL OFFICER
              VELUKKARA KRISHI BHAVAN, VELUKKARA, KADUPPASSERY,
              THRISSUR, PIN - 680683
     5        THE DIRECTOR
              KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS
              BHAVAN, THIRUVANANTHAPURAM, PIN - 695033


              GP - SRI P S APPU
              SC - SRI VISHNU S



     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 17281 of 2024
                                    2


                            JUDGMENT

Dated this the 10th day of May, 2024

The petitioner is the owner and in possession of an

extent of 7.49 Ares of land comprised in Sy.No.200/4-75 in

Block No.50 of Kottanellur Village, Mukundapuram Taluk in

Thrissur District.

2. The petitioner has approached this Court seeking a

direction to the 2nd respondent, RDO 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.

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

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 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, the RDO shall dispose of

Ext.P3 within the time limit specified earlier. The petitioner

shall produce a copy of this judgment along with the copy of

this writ petition before the Agricultural Officer concerned for

due compliance.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SK

APPENDIX OF WP(C) 17281/2024

PETITIONER EXHIBITS :

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 12.07.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF DATA BANK Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 12.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE VELUKKARA PANCHAYATH DATED 08.03.2011