Murugan vs the State of Kerala Represented by Secretary

Murugan vs The State of Kerala Represented by Secretary

Type Court Judgment Court Kerala Decided Mar 07, 2024

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https://sooperkanoon.com/case/1312706

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Citation: sooperkanoon.com/1312706
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 07, 2024
Case Number: WP(C)/7949/2024

Parties & Advocates

Appellant / Petitioner

Murugan

Respondent

The State of Kerala Represented by Secretary

Excerpt

.....kerala conservation of paddy land and wetland rules, 2008 (hereinafter referred to as ‘the rules’).3. exts.p3 and p3a being statutoryapplications under the rules, the competent authorities have a bounden duty to consider the same in accordance with law within a reasonable wp(c) no. 7949 of 2024 : 3 : time. having heard the learned counsel for the petitioners and the learned government pleader, this writ petition is disposed of directing the 3 rd 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 exts.p3 and p3a applications, 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 exts.p3 and p3a within the time limit wp(c) no. 7949 of 2024 : 4 : specified earlier. the petitioners 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 sb wp(c) no. 7949 of 2024 : 5 : appendix petitioner exhibits exhibit p1 true copy of the possession certificate dated 09/01/2024 issued in the name of the petitioners exhibit p2 true copy of the land tax receipt dated 01/08/2023 exhibit p3 true copy of the form 5 application dated 07-02-2024 submitted by the petitioners exhibit p3a true copy of the form 5 application dated 06-02-2024 submitted by the petitioners

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 WP(C) NO. 7949 OF 2024 PETITIONERS: 1 MURUGAN, AGED 41 YEARS S/OTHANKAMANI NADAR, R/O AJAYABHAVAN, KARAKKAD MURI, MULAKUZHA, ALAPPUZHA, PIN - 689505 2 NAGAKANI, AGED 28 YEARS S/OTHANKAMANI NADAR, R/O AJAYABHAVAN, KARAKKAD MURI, MULAKUZHA, ALAPPUZHA, PIN - 689505 BY ADVS. E.ADITHYAN NESAMUDHEEN MEERA RAMESH RINU MOL ROY SAFA C.M. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, CHENGANNUR, ALAPPUZHA KERALA, PIN - 688013 3 AGRICULTURAL OFFICER OFFICE OF THE AGRICULTURAL OFFICER, MULAKUZHA ALAPPUZHA DISTRICT, PIN - 689505
4 THE VILLAGE OFFICER MULAKUZHA VILLAGE OFFICE, MULAKUZHA, ALAPPUZHA KERALA, PIN - 689505 SR.GP.SMT.PREETHA K.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7949 OF 2024 : 2 :

JUDGMENT

The petitioners are the owners in possession of an extent of 6 Ares in Sy.No.205/3 and 5.52 Ares in Sy.Nos.205/11 and 205/4-1 of Chengannur Taluk, Mulakuzha village, Alappuzha District

2. The petitioners have approached this Court

seeking a direction to the 2 nd respondent, RDO to consider and dispose of Exts.P3 and P3A applications 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. Exts.P3 and P3A being statutory

applications under the Rules, the competent authorities have a bounden duty to consider the same in accordance with law within a reasonable WP(C) NO. 7949 OF 2024 : 3 : time. Having heard the learned counsel for the petitioners and the learned Government Pleader, this writ petition is disposed of directing the 3 rd 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 Exts.P3 and P3A applications, 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 Exts.P3 and P3A within the time limit WP(C) NO. 7949 OF 2024 : 4 : specified earlier. The petitioners 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 SB WP(C) NO. 7949 OF 2024 : 5 : APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 09/01/2024 ISSUED IN THE NAME OF THE PETITIONERS Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 01/08/2023 Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 07-02-2024 SUBMITTED BY THE PETITIONERS Exhibit P3A TRUE COPY OF THE FORM 5 APPLICATION DATED 06-02-2024 SUBMITTED BY THE PETITIONERS

Same Court & Year Kerala · 2024 Same Parties Murugan vs The State of Kerala Represented by Secretary Same Judge Honourable Mr.Justice Murali Purushothaman