Vimal Paul vs The Revenue Divisional Officer
2024 Latest Caselaw 12125 Ker

Kerala High Court

Vimal Paul 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. 17191 OF 2024
PETITIONER:

            VIMAL PAUL, AGED 39 YEARS,
            S/O PAULOSE, POTTOKKARAN HOUSE,
            CHENGAL, KALADY P.O.,
            ERNAKULAM DISTRICT, PIN - 683574.

            BY ADVS.
            BINOY VASUDEVAN
            SREEJITH SREENATH
            K.V.RAJESWARI
            RINCY KHADER


RESPONDENTS:

    1       THE REVENUE DIVISIONAL OFFICER,
            OFFICE OF THE REVENUE DIVISIONAL OFFICER,
            FORT KOCHI, PIN - 682001.

    2       THE AGRICULTURAL OFFICER,
            KRISHI BHAVAN, NEDUMBASERRY,
            PIN - 683585.

    3       THE VILLAGE OFFICER, NEDUMBASERRY VILLAGE,
            NEDUMBASERRY P.O., COCHIN, PIN - 683585.

            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. 17191 OF 2024
                               -2-

                         JUDGMENT

The petitioner is the absolute owner and

in possession of an extent of 2 Hectare 33

Ares 86 square meters of land comprised in

Survey Nos.338/6, 338/6-2, 338/7-2, 339/10,

339/11, 339/9, 339/9-2, 342/1, 342/20 and

342/9-2 in Block No.9 of Nedumbaserry

Village, Aluva Taluk in Ernakulam District.

2. The petitioner has approached this

Court seeking a direction to the 1st

respondent, RDO to consider and dispose of

Ext.P5 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.P5 being a statutory application

under the Rules, the competent authorities WP(C) NO. 17191 OF 2024

have a bounden duty to consider the same in

accordance with law within a reasonable time.

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.P5 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 WP(C) NO. 17191 OF 2024

Officer, the RDO shall dispose of Ext.P5

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 akv WP(C) NO. 17191 OF 2024

APPENDIX OF WP(C) 17191/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DOCUMENT NO. 2377 OF 2014 DATED 14.05.2014 OF S.R.O. CHENGAMANAD

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16.02.2024 ISSUED BY THE VILLAGE OFFICER, NEDUMBASERRY VILLAGE

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 10.03.2023 ISSUED BY THE VILLAGE OFFICER, NEDUMBASERRY VILLAGE

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DATA BANK OF THE PETITIONER'S PROPERTY DATED NIL

EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 07.04.2024 THROUGH ON-LINE