Kerala High Court
Abdullakoya vs The Revenue Divisional Officer 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. 17397 OF 2024
PETITIONERS:
1 ABDULLAKOYA
AGED 67 YEARS
S/O KASMIKOYA, NOOR MAHAL HOUSE, MATHOTTAM, ARAKKINAR P.O,
KOZHIKODE, PIN - 673028
2 NASEEMA ABDULLAKOYA
AGED 55 YEARS
W/O ABDULLAKOYA, NOOR MAHAL HOUSE, MATHOTTAM,
ARAKKINAR P.O, KOZHIKODE, PIN - 673028
BY ADV G.SANTHOSH KUMAR (P).
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, CIVIL STATION,
ERANJIPALAM, KOZHIKODE, PIN - 673020
2 THE AGRICULTURAL OFFICER
FEROKE KRISHI BHAVAN, FEROKE P.O , KOZHIKODE, PIN - 673631
3 THE LOCAL LEVEL MONITORING COMMITTEE
REPRESENTED BY IT'S CONVENOR, AGRICULTURAL OFFICE,
KRISHI BHAVAN, FEROKE P.O, KOZHIKODE, PIN - 673631
4 THE VILLAGE OFFICER
FEROKE VILLAGE OFFICE, FEROKE P.O., KOZHIKODE DISTRICT,
PIN - 673631
GP - SRI SREEJITH V 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. 17397 of 2024
2
JUDGMENT
Dated this the 10th day of May, 2024
The petitioners are the owners and in possession of an
extent of 25.44 Ares of land comprised in Sy.No.410/14 in Block
No.1 of Feroke Village, Kozhikode Taluk in Kozhikode District.
2. The petitioners have approached this Court seeking a
direction to the 1st respondent, RDO to consider and dispose of
Ext.P8 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.P8 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, 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.P8 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.P8 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
SK
APPENDIX OF WP(C) 17397/2024
PETITIONER EXHIBITS :
Exhibit-P1 TRUE COPY OF THE BUILDING PERMIT DATED
01/02/1999 ISSUED BY THE FEROKE PANCHAYAT .
Exhibit-P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY
THE CALICUT DEVELOPMENT AUTHORITY ON
07/01/1999.
Exhibit-P3 TRUE COPY OF THE JENMOM SALE DEED
NO.1354/2012 DATED 04/04/2012 OF SRO FEROKE.
Exhibit-P4 TRUE COPY OF THE TAX RECEIPT DATED 23/08/2023
ISSUED BY THE VILLAGE OFFICER, FEROKE.
Exhibit-P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
25/01/2023 ISSUED BY THE VILLAGE OFFICER,
FEROKE.
Exhibit-P6 TRUE COPY OF THE BUILDING PERMIT DATED
14/03/2016 ISSUED BY THE FEROKE MUNICIPALITY.
Exhibit-P7 TRUE COPY THE CASH RECEIPT DATED 31/12/2021
ISSUED BY THE FEROKE MUNICIPALITY.
Exhibit-P7(a) TRUE COPY THE ACKNOWLEDGMENT RECEIPT DATED
31/12/2021 ISSUED BY THE FEROKE MUNICIPALITY.
Exhibit-P8 TRUE COPY OF THE APPLICATION DATED 16/01/2024
PREFERRED BY THE PETITIONERS BEFORE THE 1ST
RESPONDENT.
