Shinto vs the District Collector - Court Judgment

SooperKanoon Citationsooperkanoon.com/1286355
SubjectLand Acquisition
CourtKerala High Court
Decided OnJan-17-2024
Case NumberWP(C)/1764/2024
JudgeHonourable Mr.Justice Murali Purushothaman
AppellantShinto
RespondentThe District Collector
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice murali purushothaman wednesday, the 17th day of january 2024 / 27th pousha, 1945 wp(c) no.1764 of 2024 petitioner: shinto, aged 37 years, s/o.chacko cherian, chakkachampakka muri, kavalam, alapuzha, pin - 688506 by advs. amjatha d.a. muhasin k.m. farhana k.h. respondents:1 the district collector civil station ward, alappuzha, pin - 688001 2 the revenue divisional officer alappuzha revenue divisional office, thondankulangara, thathampally, alappuzha, pin - 688013 3 the tahsildar, kuttanad taluk office, champakkulam.p.o. kuttanad, alappuzha, pin - 688505 4 the agricultural officer neelamperoor krishi bhavan, eara p.o., neelamperoor, alappuzha, pin - 686534 5 the director kerala state remote sensing and environment centre, vikas bhavan, thiruvananthapuram, pin - 695033 by smt.k.amminikutty, sr.government pleader sri.vishnu s.chempazhanthiyil, sc, ksrec this writ petition (civil) having come up for admissionon 17.01.2024, the court on the same day delivered the following: w.p.(c) no.1764 of 2024 2judgmentthe petitioner is the owner in possession of an extent of 14.78 ares of land comprised in sy. no.214/1-1 of kaavalam village, kuttanad taluk, alappuzham district.2. the petitioner has approached this courtseeking a direction to the 2nd 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 bounden duty to consider the same in accordance w.p.(c) no.1764 of 2024 3 with law within a reasonable time.4. having heard the learned counsel for thepetitioner, the learned senior government pleader and the learned standing counsel appearing for ksrec, this writ petition is disposed of directing the 4th 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 two 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.1764 of 2024 4 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/17/01/2024 w.p.(c) no.1764 of 2024 5 appendix petitioner's exhibits:- exhibit p1 true copy of the tax receipt dated 22.11.2023 exhibit p2 true copy of the certificate issued by neelamperoor krishibhavan exhibit p3 true copy of the form 5 application dated 22.11.2023 submitted by the petitioner before the 2nd respondent exhibit p4 true copy of the receipt dated 22.11.2023 evidencing the payment of fee for form 5 application
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945 WP(C) NO.1764 OF 2024 PETITIONER: SHINTO, AGED 37 YEARS, S/O.CHACKO CHERIAN, CHAKKACHAMPAKKA MURI, KAVALAM, ALAPUZHA, PIN - 688506 BY ADVS. AMJATHA D.A. MUHASIN K.M. FARHANA K.H. RESPONDENTS:

1 THE DISTRICT COLLECTOR CIVIL STATION WARD, ALAPPUZHA, PIN - 688001 2 THE REVENUE DIVISIONAL OFFICER ALAPPUZHA REVENUE DIVISIONAL OFFICE, THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA, PIN - 688013 3 THE TAHSILDAR, KUTTANAD TALUK OFFICE, CHAMPAKKULAM.P.O. KUTTANAD, ALAPPUZHA, PIN - 688505 4 THE AGRICULTURAL OFFICER NEELAMPEROOR KRISHI BHAVAN, EARA P.O., NEELAMPEROOR, ALAPPUZHA, PIN - 686534 5 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 BY SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER SRI.VISHNU S.CHEMPAZHANTHIYIL, SC, KSREC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.1764 of 2024 2

JUDGMENT

The petitioner is the owner in possession of an extent of 14.78 Ares of land comprised in Sy. No.214/1-1 of Kaavalam Village, Kuttanad Taluk, Alappuzham District.

2. The petitioner has approached this Court

seeking a direction to the 2nd 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 bounden duty to consider the same in accordance W.P.(C) No.1764 of 2024 3 with law within a reasonable time.

4. Having heard the learned counsel for the

petitioner, the learned Senior Government Pleader and the learned Standing Counsel appearing for KSREC, this writ petition is disposed of directing the 4th 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 two 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.1764 of 2024 4 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/17/01/2024 W.P.(C) No.1764 of 2024 5 APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22.11.2023 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY NEELAMPEROOR KRISHIBHAVAN EXHIBIT P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 22.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 22.11.2023 EVIDENCING THE PAYMENT OF FEE FOR FORM 5 APPLICATION