✦ Kerala High Court

PREMALATHA v. THE DISTRICT COLLECTOR

MURALI PURUSHOTHAMAN3 min read

Case at a glance

Outcome

Disposed of

respondent, this writ petition is disposed of

Key paragraphs

  • Para 33. Ext.P3 being a statutory application under the Rules, the competent authorities have a bounden duty to consider the same in WP(C) NO. 9649 OF 2024 : 4 : accordance with law within a reasonable time. Having heard the learned counsel for the petitioner, the…

Judgment

THE DISTRICT COLLECTOR FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030 THE REVENUE DIVISIONAL OFFICER FORT KOCHI REVENUE DIVISIONAL OFFICE, K B JACOB ROAD, FORT KOCHI, ERNAKULAM - 682001 THE TAHSILDAR ALUVA TALUK OFFICE, 1ST FLOOR, MINI CIVIL STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101 THE VILLAGE OFFICER ALUVA EAST VILLAGE OFFICE, CHOONDI JUNCTION, ERUMATHALA, ALUVA, ERRNAKULAM, PIN - 683563 THE AGRICULTURAL OFFICER EDATHALA KRISHI BHAVAN, EDUTHALA, ERNAKULAM, PIN - 683563 THE DIRECTOR KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, WP(C) NO. 9649 OF 2024 : 2 : VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 OTHER PRESENT: SR. GP. SMT. AMMINIKUTTY R6 BY SRI.VISHNU S. CHEMPAZHANTHIYIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9649 OF 2024 : 3 : JUDGMENT The petitioner is the owner in possession of an extent of 4.48 Ares of land comprised in Sy.No.300/5-2-2 of Aluva East Village, Aluva Taluk, Ernakulam District.

2.

The petitioner has approached this Court seeking a direction to the 2nd respondent, RDO 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’).

Operative part

3.

Ext.P3 being a statutory application under the Rules, the competent authorities have a bounden duty to consider the same in WP(C) NO. 9649 OF 2024 : 4 : accordance with law within a reasonable time. Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the 6th respondent, this writ petition is disposed of directing the 5th 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 WP(C) NO. 9649 OF 2024 : 5 : the time limit specified earlier. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the Agricultural Officer concerned for due compliance. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 9649 OF 2024 : 6 : APPENDIX PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED 14.06.2023 TRUE COPY OF THE RELEVANT PAGE OF DATA BANK TRUE COPY OF THE FORM 5 APPLICATION DATED 30.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRUE COPY OF THE REPORT NO. 5833 OF 2023 SUBMITTED BY THE KSREC BEFORE THE 5TH RESPONDENT TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF LLMC WITH REGARD TO THE PETITIONER PROPERTY

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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