Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, WP(C) NO. 5101 OF 2024 PETITIONER/S: GEORGE CP AGED 76 YEARS CHITTINAPPILLY HOUSE, KARUKUTTY P.O, PIN - 683576 BY ADVS. ROSE MICHAEL C.P.WILSON MICHAEL PAUL CHITTINAPPILLY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 2 THE VILLAGE OFFICER MUNICIPAL BUILDINGS ANGAMALY, PIN - 683572 3 LOCAL LEVEL MONITORING COMMITTEE (LLMC) FOR THE ANGAMALY MUNCIPALITY KRISHI BHAVAN , ANGAMALY MUNCIPALITY, PIN - 683572 4 THE AGRICULTURE OFFICER KRISHY BHAVAN, ANGAMALY, PIN - 683572 5 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE RDO, FORT KOCHI, PIN - 682001
OTHER PRESENT: SR.GPSMT.K.AMMINIKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Dated this the 9th day of February, 2024
JUDGMENT
The petitioner is the owner in absolute possession of properties having an extent of 3.02 Ares comprised in Sy.No.290/1-1-2 in Block No. 12 of Ankamaly Village, Aluva Taluk, Ernakulam District.
2. The petitioner has approached this Court
seeking a direction to the 5th respondent, RDO to consider and dispose of Ext.P6 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.P6 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 and the learned Government Pleader, this writ petition is disposed of directing the 2 nd respondent, the 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.P6 application, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the report from the Village Officer. 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.P6 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 Village Officer concerned for due compliance. Sd/- MURALI PURUSHOTHAMAN JUDGE al/-.16.02.2024. APPENDIX OF WP(C) 5101/2024
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT NO-R-M070300-23000676 DATED 31.01.2024 ISSUED BY THE SECRETARY Exhibit P2 A TRUE PHOTOCOPY OF THE BASIC TAX RECEIPT KL07041602978/2023 DATED 05- 04-2023 ISSUED BY THE LAND REVENUE DEPARTMENT FOR ANKAMALY MUNICIPALITY TO THE PETITIONER Exhibit P3 A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF DRAFT DATA BANK OF AGRICULTURE OFFICE ANKAMALY DATED 24-09 -2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE RECEIPT GIVEN IN APPLICATION NO. AKB/ 9 /25/9/17 DATED
25. 09.2017 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE PHOTOCOPY OF THE CHALAN RECEIPT NO. 0029-00-800-88 DATED 07-08- 2019 ISSUED BY THE SUB TRESSURY FOR Exhibit P6 A TRUE PHOTOCOPY OF THE. APPLICATION DATED 06-04-2 023 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT