Kerala High Court
Shibuchand vs State Of Kerala 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. 17458 OF 2024
PETITIONER:
SHIBUCHAND
AGED 56 YEARS
S/O. CHANDRASEKHARA KURUP, VISHNUMADAM, KADAKKAL PO,
KOLLAM DISTRICT NOW RESIDING AT DUNES RESIDENCE, FLAT NO 506,
5TH FLOOR, DUBAI LAND, DUBAI,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER C BABU MOHANA KURUP
AGED 63 YEARS, S/O CHANDRASEKHARA KURUP, HARICHANDANAM
NILAMBUR R.S (P.O), NILAMBUR TALUK, MALAPPURAM DIST,
PIN - 679330
BY ADVS.
BIJU .C. ABRAHAM
THOMAS C.ABRAHAM
BASIL MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER, FIRST FLOOR,
KL JACOB ROAD, FORT KOCHI, PIN - 682001
3 THE TAHSILDAR
TALUK OFFICE, PARK AVE, NEAR SUBHASH PARK, MARINE DRIVE,
KOCHI, PIN - 682011
4 THE VILLAGE OFFICER
KAKKANAD VILLAGE OFFICE, THRIKKAKARA, KAKKANAD, ERNAKULAM,
PIN - 682030
5 THE CONVENER
LOCAL LEVEL MONITORING COMMITTEE & AGRICULTURAL OFFICER,
ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, KAKKANAD, KOCHI,
PIN - 682030
6 THE CHAIRMAN
THRIKKAKARA MUNICIPALITY, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682030
GP - SRI SREEJITH V S
SC - SRI S JAMAL
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. 17458 of 2024
2
JUDGMENT
Dated this the 10th day of May, 2024
The petitioner is the owner and in possession of an extent
of 0.61 Ares of land comprised in Sy.No.179/5-2-2 in Block No.5
of Thrikkakara North Village, Kanayannoor 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.
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 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
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) 17458/2024
PETITIONER EXHIBITS :
Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO. 1854/12 DATED
16/5/2012
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 22/5/2023 FOR THE
YEAR 2023-24
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 15/04/2024 THUS
SUBMITTED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA
GAZATTE NOTIFICATION DATED 05/02/2021
