Anitha Daisy vs The Revenue Divisional Officer, ...
2024 Latest Caselaw 31445 Ker

Kerala High Court

Anitha Daisy vs The Revenue Divisional Officer, ... on 2 November, 2024

   WP(C)No.36238 of 2024                      1

                                             2024:KER:81540
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

 SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA,

                                   1946

                       WP(C) NO. 36238 OF 2024

PETITIONER:

               ANITHA DAISY
               AGED 54 YEARS, W/O. P V PRADEEP,
               RESIDING AT PATTICHANTHODI HOUSE, EDATHARA,
               EDATHARA P.O, PALAKKAD DISTRICT, PIN - 678611

               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.WINSTON K.V
               SRI.ANU JACOB
               SRI.BHARATH KRISHNAN G.
               SMT.ARUNDHATHI SURESH BABU
RESPONDENTS:

    1          THE REVENUE DIVISIONAL OFFICER, PALAKKAD
               REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR,
               PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN -
               678001

    2          THE VILLAGE OFFICER
               MARUTHAROAD VILLAGE OFFICE, MARUTHAROAD P.O,
               PALAKKAD DISTRICT, PIN - 678007

    3          THE AGRICULTURAL OFFICER FOR THE MARUTHAROAD
               GRAMA PANCHAYAT
               AGRICULTURE OFFICE, MARUTHAROAD P.O, PALAKKAD
               DISTRICT, PIN - 678007
OTHER PRESENT:

               SMT.K.AMMINIKUTTY,SENIOR GOVERNMENT PLEADER
        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   02.11.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
    WP(C)No.36238 of 2024                       2

                                                      2024:KER:81540


                             JUDGMENT

Dated this the 02nd November, 2024

Petitioner is the owner in possession of 0.1619

hectors of land comprised in Survey Block No.38, Survey

No.192/31 in Marutharoad Village, Palakkad Taluk and

Palakkad district. The property which is a garden land

situates in a residential area which is surrounded by

houses and road. Paddy is not cultivated anywhere near

the property and paddy cultivation is impossible there. In

this circumstances, the petitioner preferred Form-5

application under Section 5(4) (i) of the Kerala

Conservation of Paddy Land and Wet Land Act,2008 on

09.07.2023 before the 1st respondent. Hence, the

petitioner approached this Court seeking an expeditious

disposal of Ext.P2 Form-5 application.

2. I have heard Sri.Jacob Sebastian learned

counsel for the petitioner and Smt.Amminikkutty.K Senior

Government Pleader for the respondents.

3. On considering the facts involved in this

2024:KER:81540 case, there can be a direction to the 1st respondent-

Revenue Divisional Officer to consider and pass

appropriate orders within a stipulated time limit after

obtaining the report from the 3rd respondent-Agricultural

Officer.

4. Accordingly, there will be a direction to

the 3rd respondent to furnish a report to the 1st

respondent within a period of one month from the date of

receipt of the copy of this judgment. On receipt of such

report the 1st respondent shall consider and pass

appropriate orders on Ext.P2 within a further period of

two months.

Therefore, the writ petition is disposed of.

Sd/-

P.M.MANOJ JUDGE Anu

2024:KER:81540

APPENDIX OF WP(C) 36238/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.06.2023 ISSUED BY THE SECOND RESPONDENT.

Exhibit-P2 A TRUE COPY OF THE APPLICATION DATED 09.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.