Kerala High Court
Mary Markose 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. 17245 OF 2024
PETITIONER:
MARY MARKOSE, AGED 70 YEARS,
W/O MARKOSE, KATTIKATTU HOUSE,
CHELLANAM P.O., VADACHIRA,
ERNAKULAM DISTRICT, KOCHI, PIN - 682008.
BY ADVS.MATHEW KURIAKOSE
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
MONI GEORGE
SHAJI P.K.
ARUN.S.
PREETHU JAGATHY
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, CIVIL STATION,
ERNAKULAM, PIN - 682030.
2 THE TAHSILDAR (LR), KOCHI TALUK,
TALUK OFFICE KOCHI, ERNAKULAM DISTRICT,
PIN - 682001.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE CHELLANAM,
ERNAKULAM DISTRICT, PIN - 682008.
4 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, CHELLANAM,
ERNAKULAM, PIN - 682008.
5 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
SECRETARY, DEPT. OF REVENUE, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
GP SRI B S SYAMANTHAK
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. 17245 OF 2024
-2-
JUDGMENT
The petitioner is the absolute owner and
in possession of an extent of 10.75 Ares of
land comprised in Survey No.296/6 in Block
No.15 of Chellanam Village, Kochi 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.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. 17245 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.P2 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.P2
within the time limit specified earlier. The
WP(C) NO. 17245 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. 17245 OF 2024
APPENDIX OF WP(C) 17245/2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 23.01.2024 ISSUED BY THE VILLAGE
OFFICE CHELLANAM IN RESPECT OF THE
PETITIONER'S PROPERTY IN RESURVEY NO.
EXHIBIT P 2 TRUE COPY OF THE FORM 5 APPLICATION
DATED 01.02.2024 SUBMITTED BY THE
PETITIONER AND RECEIPT FOR PAYMENT OF
FEES
