Kerala High Court
Jose Antony vs Revenue Divisional Officer (Rdo), Fort ... 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. 16868 OF 2024
PETITIONERS:
1 JOSE ANTONY,
AGED 62 YEARS, S/O ANTHONY, EARALY HOUSE,
MANJAPRA P.O., ANGAMALY, ERNAKULAM, PIN - 683 581.
2 MINI JOSE,
AGED 48 YEARS, W/O JOSE ANTONY,EARALY HOUSE,
MANJAPRA P.O., ANGAMALY, ERNAKULAM, PIN - 683 581.
BY ADVS.
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER (RDO),
FORT KOCHI, REVENUE DIVISIONAL OFFICE,
FORT KOCHI P.O.,ERNAKULAM, PIN - 682 001.
2 THE TAHSILDAR
ALUVA TALUK OFFICE, GROUND FLOOR,
MINI CIVIL STATION, CIVIL STATION RD,
PERIYAR NAGAR, ALUVA, PIN - 683 101.
W.P.(C) No.16868 of 2024 2
3 THE VILLAGE OFFICER,
MOOKKANNOOR VILLAGE OFFICE, MOOKKANNOOR,
ERNAKULAM, PIN - 683 577.
4 THE LOCAL LEVEL MONITORING COMMITTEE,
MOOKKANNOOR GRAMA PANCHAYAT, REP BY ITS CONVENER,
AGRICULTURAL OFFICER, MOOKKANNOOR KRISHI BHAVAN,
ERNAKULAM, PIN - 683 577.
BY ADV
B.S.SYAMNATH, GOVERNMENT PLEADER
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.16868 of 2024 3
JUDGMENT
The petitioners are the owners and in possession
of an extent of 11.32 Ares of land comprised in
Sy.Nos.182/6-2 & 182/5-2 in Block No.16 of
Mookkannoor Village, Aluva Taluk in Ernakulam
District.
2. The petitioners have approached this Court
seeking a direction to the 1st 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
petitioners 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.P3
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
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 petitioners 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
S.M.K.
APPENDIX OF WP(C) 16868/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED
26.07.2023 OF 11.32 ARES OF THE
PROPERTY FOR THE YEAR 2023-2024 ISSUED
BY THE VILLAGE OFFICER IN THE NAME OF
THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT DATABANK SHOWING THE PETITIONER'S
PROPERTY.
Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
REVENUE DIVISIONAL OFFICER DATED
03.08.2022.
Exhibit P4 TRUE COPY OF THE PRINTOUT SHOWING THE
STATUS OF THE PETITIONER APPLICATION
OBTAINED FROM THE OFFICIAL WEBSITE.
