Kerala High Court
Anees U.R. Rahman vs Revenue Divisional Officer on 30 September, 2024
WP(C) NO. 34089 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34089 OF 2024
PETITIONER:
ANEES U.R. RAHMAN
AGED 42 YEARS
S/O.IBRAHIMKUTTY ,KALLUNGAL HOUSE, EDAYAPPURAM, ALUVA P.O.
ERNAKULAM, PIN - 683101
BY ADV K.J.MANU RAJ
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER,
MUVATTUPUZHA REVENUE DIVISIONAL OFFICE, MUVATTUPUZHA ,GROUND
FLOOR, PATTIMATTOM, MUVATTUPUZHA ROAD, ERNAKULAM, PIN - 686673
2 DEPUTY COLLECTOR(LR)
COLLECTORATE ,KAKKANAD CIVIL STATION, KAKKANAD ERNAKULAM, PIN -
682030
3 THE TAHSILDAR(LR)
KUNNATHUNAD TALUK OFFICE KUNNATHUNADU P.O. ERNAKULAM,
PIN - 683543
4 THE VILLAGE OFFICER,
MARAMBILLY VILLAGE OFFICE KUNNATHUNAD TALUK,
ERNAKULAM, PIN - 683105
SMT.AMMINIKUTTY - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34089 OF 2024
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JUDGMENT
This writ petition is preferred being aggrieved by the
delay in considering Ext.P1 application in Form - 6, which is
preferred in December, 2023 and seeking for an expeditious
disposal of the same.
2. The petitioner stated to be the owner of the
properties having an extent of 3.68 Ares of land comprised in
Survey Nos.48/7-2, 48/8-5-2 situated in Kunnathunad Taluk, in
Marambilly Village, Ernakulam District. The petitioner has
preferred Ext.P1 application under Form-6 of the Kerala
Conservation of Paddy Land and Wetland Act and Rules, 2008,
(for brevity, the Act and the Rules).
3. It is stated by the learned counsel for the
petitioner that the property is removed from the data bank.
However, in revenue records, it is described as 'Nilam'.
Accordingly, the petitioner has filed Ext.P1 application before the
1st respondent - Revenue Divisional Officer on 12.12.2023.
However, there is an unexplained delay in considering the same.
Therefore, he seeks for a direction to the respondent to consider
and pass appropriate orders on Ext.P1 within a short span of
WP(C) NO. 34089 OF 2024
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time.
4. In response, the learned Government Pleader
submitted that the 1st respondent - Revenue Divisional Officer is
not the competent authority to consider Ext.P1. Now the Deputy
Collector (LR), Ernakulam is the authority to consider the same
as per G.O(P)No.140/2024/RD dated 27.06.2024.
4. On considering the limited nature of the prayer, it is
apposite to direct the 2nd respondent - Deputy Collector (LR) to
dispose of Ext.P1 application within the stipulated time.
Accordingly, there will be a direction to the 4 th respondent -
Village Officer to forward a report to the 2nd respondent - Deputy
Collector (LR) with respect to the property in question within a
period of two months from the date of receipt of a copy of this
judgment and on receipt of such report, the 2 nd respondent -
Deputy Collector (LR) shall consider the same and pass
appropriate orders within a period of two months thereafter.
This writ petition is disposed of accordingly.
SD/-
P.M.MANOJ
JUDGE
rp
WP(C) NO. 34089 OF 2024
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APPENDIX OF WP(C) 34089/2024
PETITIONER EXHIBITS
Exhibit P 1 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED
12.12.2023 SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P 2 A TRUE COPY OF THE RECEIPT NO. KL07050607335/2023
DATED 13.12.2023 ISSUED BY THE LAND REVENUE
DEPARTMENT TO THE PETITIONER
Exhibit P 3 A TRUE COPY OF THE TAX RECEIPT
NO.KL07050602702/2023 DATED 12.5.2023 ISSUED BY THE
LAND REVENUE DEPARTMENT TO THE PETITIONER
