Aboobacker vs Sub Collector

Type Court Judgment Court Kerala Decided Mar 13, 2024

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Citation: sooperkanoon.com/1316081
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 13, 2024
Case Number: WP(C)/10032/2024

Parties & Advocates

Appellant / Petitioner

Aboobacker

Respondent

Sub Collector

Excerpt

.....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 w.p.(c) no.10032 of 2024 4 bounden duty to consider the same in accordance with law within a reasonable time.4. having heard the learned counsel for thepetitioner 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 ext.p3 application, 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 ext.p3 within w.p.(c) no.10032 of 2024 5 the time limit specified earlier. the petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the agricultural officer concerned for due compliance. sd/- murali purushothaman judge sp/13/03/2024 w.p.(c) no.10032 of 2024 6 appendix petitioner's exhibits:- exhibit p1 the true copy of the land tax receipt issued by the village office vazhakkala dated.17.11.2021 exhibit p2 the true copy of the data bank of the thrikkakkara municipality exhibit p3 the true copy of the application of the petitioner dated.26.2.2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945 WP(C) NO.10032 OF 2024 PETITIONER: ABOOBACKER, AGED 70 YEARS, S/O.AMMU,ANJIKKATH EMBRATH HOUSE, NJALAKOM KARA, VADACODE.P.O, ERNAKULAM, PIN - 682021 BY ADVS. P.THOMAS GEEVERGHESE TONY THOMAS (INCHIPARAMBIL) AMRUTHA K.P. SRADHA MOHAN SAGAR ROSHAN RESPONDENTS:
1 SUB COLLECTOR REVENUE DIVISIONAL OFFICE, FORT KOCHI, PIN - 682001 2 VILLAGE OFFICER VAZHAKKALA VILLAGE, ERNAKULAM, PIN - 682030 3 AGRICULTURAL OFFICER KRISHIBHAVAN, KAKKANAD, ERNAKULAM, PIN - 682030 4 TAHASILDAR KANAYANOOR TALUK OFFICE, ERNAKULAM, PIN - 682018 5 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE (KSREC), FIRST FLOOR, VIKAS BAHVAN, NEAR LEGISLATIVE ASSEMBLY, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PMG, THIRUVANANATHPURAM, PIN - 695033
W.P.(C) No.10032 of 2024 2 6 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 BY GP SMT.DEVISHREE SRI.VISHNU S.CHEMPAZHANTHIYIL, SC, KSREC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.10032 of 2024 3

JUDGMENT

The petitioner is the owner in possession of an extent of 10.9 Ares of land, comprised in Sy.Nos.440/5-4, 440/6-5 & 443/6-2 in Block No.8 of Vazhakkala Village, Kanayannur Taluk, Ernakulam District.

2. The petitioner has approached this Court

seeking a direction to the 1st respondent, the Revenue Divisional Officer, 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 W.P.(C) No.10032 of 2024 4 bounden duty to consider the same in accordance with law within a reasonable time.

4. Having heard the learned counsel for the

petitioner 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 Ext.P3 application, 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 Ext.P3 within W.P.(C) No.10032 of 2024 5 the time limit specified earlier. The petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the Agricultural Officer concerned for due compliance. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/13/03/2024 W.P.(C) No.10032 of 2024 6 APPENDIX PETITIONER'S EXHIBITS:- Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICE VAZHAKKALA DATED.17.11.2021 Exhibit P2 THE TRUE COPY OF THE DATA BANK OF THE THRIKKAKKARA MUNICIPALITY Exhibit P3 THE TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED.26.2.2022

Same Court & Year Kerala · 2024 Same Parties Aboobacker vs Sub Collector Same Judge Honourable Mr.Justice Murali Purushothaman