Kerala High Court
Lakshmi R Menon vs 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. 17027 OF 2024
PETITIONER:
LAKSHMI R MENON, AGED 40 YEARS,
W/O. JIBIN JOSE, CLOUD 9 VILLA, NO. 5,
DHANYA SOUTH ROAD, CHALIKKAVATTOM,
COCHIN, PIN - 682028.
BY ADVS.
AMJATHA D.A.
MUHASIN K.M.
FARHANA K.H.
RESPONDENTS:
1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030.
2 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD,
FORT KOCHI, ERNAKULAM, PIN - 682001.
3 THE TAHSILDAR, KANAYANNUR TALUK OFFICE,
NEAR SUBHASH PARK, MARINE DRIVE,
ERNAKULAM, PIN - 682011.
4 THE AGRICULTURAL OFFICER,
KOCHI CORPORATION KRISHI BHAVAN,
SA ROAD AND MAHAKAVI VAILOPPILLI ROAD,
KOCHI, PIN - 682019.
5 THE DIRECTOR, KERALA STATE REMOTE SENSING AND
ENVIRONMENT CENTRE, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033.
GP SRI.SREJITH V S ,
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:
WP(C) NO. 17027 OF 2024
-2-
JUDGMENT
The petitioner is the absolute owner and
in possession of an extent of 1.21 Ares of
land comprised in Survey No.504/3-4 in Block
No.1 of Poonithura Village, Kanayannur
Taluk in Ernakulam 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.
WP(C) NO. 17027 OF 2024
Having heard the learned counsel for the
petitioner and the learned Government
Pleader, this writ petition is disposed of
directing the 4th respondent, 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 three 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.P3
within the time limit specified earlier. The
WP(C) NO. 17027 OF 2024
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
akv
WP(C) NO. 17027 OF 2024
APPENDIX OF WP(C) 17027/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
19.12.2023
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
PUBLISHED DATA BANK OF KOCHI MUNICIPAL
CORPORATION DATED 22.02.2021
EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION
DATED 13.03.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED
19.03.2024 EVIDENCING THE PAYMENT OF
FEE FOR FORM 5 APPLICATION
