Cleetus M G vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 03, 2023

~3 min read

https://sooperkanoon.com/case/1394639

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1394639
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Oct 03, 2023
Case Number: WP(C)/32298/2023

Parties & Advocates

Appellant / Petitioner

Cleetus M G

Respondent

State of Kerala

Excerpt

.....therefore have a legal duty to consider the said application in accordance with law within a reasonable time. therefore, there will be a direction to the 5 th respondent to submit a report as per the rules.4. having heard smt.sareena george p., the learned counsel for thepetitioner and smt. amminikutty k., the learned senior government pleader, i am of the view that this writ petition can be disposed of with a direction to take a decision on ext.p4 application in a time bound manner, if it has been received.5. accordingly, there will be a direction to the 5 th respondent tosubmit a report as contemplated under rule4(e) of the rules, within a period of two months from the date of receipt of a copy of this judgment. pursuant to receipt of the said report, the second respondent shall take a decision on ext.p4 application within four months thereafter. the timeline specified above shall strictly be complied with by the respective officers. the writ petition is disposed of accordingly. bechu kurian thomas judge amv/03/10/2023 appendix of wp(c) 32298/2023 petitioner exhibits exhibit p1 a true copy of sale deed bearing no. 05.12.1992 exhibit p2 a true copy of the basic tax receipt dated 18-5-2023 issued by the 4th respondent exhibit p3 a true copy of relevant pages of data bank published by krishi bhavan, vyttila, cheranallur village exhibit p4 a true copy of the application in form 5 dated 30-4-2022 bearing no. petitioner to the 2nd respondent exhibit p4(a) a true copy of the fees receipt of form 5 application dated 05.05.2022 exhibit p5 a true copy of survey sketch of property true copy

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, PETITIONER : CLEETUS M G, AGED 63 YEARS S/O GEORGE , MAKKAPARAMBIL HOUSE, POPULAR ROAD, ELAMAKKARA P O, KOCHI-, PIN - 682026 BY ADV P.SAREENA GEORGE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVT SECRETERIATE, THIRUVANANTHAPURAM-, PIN - 695 001. 2 REVENUE DIVISIONAL OFFICER FORT KOCHI, KOCHI, PIN - 682 002. 3 THE TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM, KOCHI-, PIN - 682 011. 4 THE VILLAGE OFFICER VILLAGE OFFICE, EDAPALLY SOUTH VILLAGE - 682 028. 5 AGRICULTURE OFFICER KRISHI BHAVAN, VYTTILA ,, PIN - 682 019 ADV AMMINIKUTTY K -SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. W.P.(C).No.32298 of 2023 …................................................ Dated this the 3rd day October, 2023

JUDGMENT

Petitioner is the owner of 2.16 Ares of property in Survey No.183/5-3 in Block No.1 of Edapally South Village, Kanayannoor Taluk, Ernakulam District. Petitioner alleges that he had filed an application in Form 5 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short ‘the Rules’). Copy of the application submitted by the petitioner is produced as Ext.P4.

2. According to him, though the application was filed on 30.04.2022., neither has the report been submitted by the Agricultural Officer nor has any decision been taken by the second respondent.

3. Form 5 application filed by the petitioner is a statutory

application as per Rule 4(d) of the Rules. The competent authorities therefore have a legal duty to consider the said application in accordance with law within a reasonable time. Therefore, there will be a direction to the 5 th respondent to submit a report as per the Rules.

4. Having heard Smt.Sareena George P., the learned counsel for the

petitioner and Smt. Amminikutty K., the learned Senior Government Pleader, I am of the view that this writ petition can be disposed of with a direction to take a decision on Ext.P4 application in a time bound manner, if it has been received.

5. Accordingly, there will be a direction to the 5 th respondent to

submit a report as contemplated under Rule4(e) of the Rules, within a period of two months from the date of receipt of a copy of this judgment. Pursuant to receipt of the said report, the second respondent shall take a decision on Ext.P4 application within four months thereafter. The timeline specified above shall strictly be complied with by the respective officers. The writ petition is disposed of accordingly. BECHU KURIAN THOMAS JUDGE AMV/03/10/2023 APPENDIX OF WP(C) 32298/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF SALE DEED BEARING NO. 05.12.1992 EXHIBIT P2 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 18-5-2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 A TRUE COPY OF RELEVANT PAGES OF DATA BANK PUBLISHED BY KRISHI BHAVAN, VYTTILA, CHERANALLUR VILLAGE EXHIBIT P4 A TRUE COPY OF THE APPLICATION IN FORM 5 DATED 30-4-2022 BEARING NO. PETITIONER TO THE 2ND RESPONDENT EXHIBIT P4(A) A TRUE COPY OF THE FEES RECEIPT OF FORM 5 APPLICATION DATED 05.05.2022 EXHIBIT P5 A TRUE COPY OF SURVEY SKETCH OF PROPERTY TRUE COPY

Same Court & Year Kerala · 2023 Same Parties Cleetus M G vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas