Anoop vs the District Collector

ANOOP vs The District Collector

Type Court Judgment Court Kerala Decided Feb 29, 2024

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https://sooperkanoon.com/case/1286113

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Citation: sooperkanoon.com/1286113
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Feb 29, 2024
Case Number: WP(C)/1577/2024
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

ANOOP

Respondent

The District Collector

Excerpt

.....conservation of paddy land and wetland rules, 2008 (hereinafter referred to as ‘the rules’).3. ext.p3 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. having heard the learned counsel for thepetitioner, the learned government pleader and the learned standing counsel for the 5th respondent, this writ petition is disposed of directing the additional 6th respondent, village 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.p3 application, as expeditiously as possible, at any rate, within a period of two months from the date ofreceipt of the report from the village officer, additional 6th respondent. the timelines as above shall be strictly complied with by the respective officers. in case the report has already been submitted by the village officer, the rdo shall dispose of ext.p3 within the time limit specified earlier. the petitioner shall produce a copy of this judgment along with a copy of the writ petition before the village officer for due compliance.sd/- murali purushothaman judge srj appendix of wp(c) 1577/2024 petitioner exhibits exhibit p1 true copy of the tax receipt dated 24.02.2022 exhibit p2 true copy of the relevant pages of published data bank of abdurahiman nagar grama panchayat dated 14.03.2022 exhibit p3 true copy of the form 5 application dated 16.11.2023 submitted by the petitioner before the 2nd respondent exhibit p4 true copy of the receipt dated 17.11.2023 evidencing the payment of fee for form 5 application

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 PETITIONER: ANOOP AGED 43 YEARS S/O. THEYYAN, MANAMMAL, KAKKADAM PURAM, A R NAGAR P.O., MALAPPURAM, PIN - 676 305 . BY ADVS. AMJATHA D.A. MUHASIN K.M. FARHANA K.H. RESPONDENTS:
1 THE DISTRICT COLLECTOR COLLECTRATE ROAD, UP HILL, MALAPPURAM, PIN - 676 505. 2 THE REVENUE DIVISIONAL OFFICER TIRUR REVENUE DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR ROAD, TIRUR, MALAPURAM, PIN - 676 101. 3 THE TAHSILDAR TIRURANGADI TALUK OFFICE, TIRURANGADI, MALAPPURAM, PIN - 676 306. 4 THE AGRICULTURAL OFFICER A R NAGAR KRISHI BHAVAN, ABDUL RAHIMAN NAGAR, MALAPPURAM, PIN - 676 305. 5 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.
*6 ADDL.R6 THE VILLAGE OFFICER, A R NAGAR VILLAGE OFFICE, ABDUL RAHIM NAGAR, MALAPPURAM, PIN - 676 305. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 29.02.2024 IN I.A.NO. 1 OF 2024 IN W.P.(C) NO.1577 OF 2024) BY ADV. SMT.K.AMMINIKUTTY SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the owner in possession of an extent of 30.48 Ares of land comprised in Sy.No.414/7- 11 of A R Nagar Village, Thirurangadi Taluk in Malappuram District.

2. The petitioner has approached this Court

seeking a direction to the 2nd respondent, RDO to consider and dispose of Ext.P3 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.P3 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. Having heard the learned counsel for the

petitioner, the learned Government Pleader and the learned Standing Counsel for the 5th respondent, this writ petition is disposed of directing the additional 6th respondent, Village 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.P3 application, as expeditiously as possible, at any rate, within a period of two months from the date of

receipt of the report from the Village Officer, additional 6th respondent. The timelines as above shall be strictly complied with by the respective officers. In case the report has already been submitted by the Village Officer, the RDO shall dispose of Ext.P3 within the time limit specified earlier. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the Village Officer for due compliance.

Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ APPENDIX OF WP(C) 1577/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 24.02.2022 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF PUBLISHED DATA BANK OF ABDURAHIMAN NAGAR GRAMA PANCHAYAT DATED 14.03.2022 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 16.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 17.11.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION

Same Court & Year Kerala · 2024 Same Parties ANOOP vs The District Collector Same Subject Land Acquisition Same Judge Honourable Mr.Justice Murali Purushothaman