Citation : 2024 Latest Caselaw 12114 Ker
Judgement Date : 10 May, 2024
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. 17092 OF 2024
PETITIONER:
RAGHUNANDHAN P, AGED 50 YEARS,
S/O. V.P. RAMAKRISHNAN,
RESIDING AT NANDHANAM, FRIENDS COLONY,
KUNNATHURMEDU, PALAKKAD DISTRICT, PIN - 678013.
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER, PALAKKAD,
REVENUE DIVISIONAL OFFICE, PARAKKUNNAM P.O,
PALAKKAD DISTRICT, PIN - 678001.
2 THE AGRICULTURAL OFFICER FOR THE PIRAYIRI GRAMA
PANCHAYAT, KRISHI BHAVAN, PIRAYIRI P.O,
PALAKKAD DISTRICT, PIN - 678019.
3 THE VILLAGE OFFICER,
PIRAYIRI VILLAGE OFFICE, PIRAYIRI, P.O,
PALAKKAD DISTRICT, PIN - 678019.
GP SRI P S APPU
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. 17092 OF 2024
-2-
JUDGMENT
The petitioner is the absolute owner and
in possession of 0.1548 hectares of property
comprised in Survey Nos.146/2-1, 146/6-1 and
168/4-1 in Block No.1 of Pirayiri Village,
Palakkad Taluk in Palakkad District.
2. The petitioner has approached this
Court seeking a direction to the 1st
respondent, RDO to consider and dispose of
Ext.P2 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.P2 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. 17092 OF 2024
Having heard the learned counsel for the
petitioner and the learned Government
Pleader, this writ petition is disposed of
directing the 2nd 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.P2 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. 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.P2
within the time limit specified earlier. The WP(C) NO. 17092 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. 17092 OF 2024
APPENDIX OF WP(C) 17092/2024
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.11.2023 OF THE LAND ISSUED BY THE THIRD RESPONDENT.
EXHIBIT-P2 A TRUE COPY OF THE APPLICATION DATED
08.11.2023 SUBMITTED BY THE
PETITIONER BEFORE THE FIRST
RESPONDENT.
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