TESSY JOSE v. STATE OF KERALA

BY SRI.ANIL K.MUHAMED, SC SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.43393 of 2023 3 JUDGMENT The petitioner is the owner in possession of a total extent of 78.70 Ares of land, comprised of

7.70 Ares in Re.Sy.No.350/3, 46.54 Ares in Re.Sy.No.650/4, 16.86 Ares in Re.Sy.No.350/4-2 and

7.60 Ares in Re.Sy.No.350/5 in Block No.7 of Chengamanadu Village, Aluva Taluk, Ernakulam 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.P8 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’). W.P.(C) No.43393 of 2023 4

3. Ext.P8 being a statutory application under the Rules, the competent authorities have a bounden duty to consider the same in accordance with law within a reasonable time.

4. Having heard the learned counsel for the petitioner, the learned Standing Counsel and the learned Government Pleader, 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.P8 application, as expeditiously as possible, at any rate, within a period of four 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 W.P.(C) No.43393 of 2023 5 officers. In case the report has already been submitted by the Agricultural Officer, the RDO shall dispose of Ext.P8 within the time limit specified earlier. Till orders are passed as above, the order of status quo granted by this Court on 21.12.2023 shall continue. The petitioner shall produce a copy of this judgment before the Agricultural Officer concerned for due compliance. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/05/01/2024 W.P.(C) No.43393 of 2023 6 PETITIONER'S EXHIBITS:- APPENDIX EXHIBIT P1 EXHIBIT P2(A) EXHIBIT P2 (B) EXHIBIT P2(C) EXHIBIT P2(D) EXHIBIT P2(E) EXHIBIT P2(F) EXHIBIT P2(G) EXHIBIT P2(H) A TRUE COPY OF THE BASIC TAX PAID RECEIPT DATED 27.11.2023 IN RESPECT OF THE PROPERTY OF THE PETITIONER A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-A A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-B A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-C A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-D A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-E A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-F A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-G A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-H W.P.(C) No.43393 of 2023 7 EXHIBIT P2(I) EXHIBIT P2(J) EXHIBIT P2(K) EXHIBIT P2(L) EXHIBIT P2(M) EXHIBIT P2(N) EXHIBIT P2(O) EXHIBIT P2(P) EXHIBIT P(Q) EXHIBIT P2(R) A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-I A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-J A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-K A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-L A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 23.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-M A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 25.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-N A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 25.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-O A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 25.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-P A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 25.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-Q A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT DATED 25.09.2023 IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-R W.P.(C) No.43393 of 2023 8 EXHIBIT P3(A) EXHIBIT P3(B) EXHIBIT P3(C) EXHIBIT P3(D) EXHIBIT P3(E) EXHIBIT P4 EXHIBIT P5(A) A TRUE COPY OF THE LICENSE DATED 22.05.2023 ISSUED TO CHETTINAD CEMENT CORPORATION BY THE CHENGAMANAD GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-M,N,O & P A TRUE COPY OF THE LICENSE DATED 22.05.2023 ISSUED TO CEMENT HOUSE BY THE CHENGAMANAD GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-E A TRUE COPY OF THE LICENSE DATED 22.05.2023 ISSUED TO JANATHA TRADING CORPORATION BY THE CHENGAMANAD GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-D A TRUE COPY OF THE LICENSE DATED 22.05.2023 ISSUED TO JAYBEE REALTORS BY THE CHENGAMANAD GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-C A TRUE COPY OF THE LICENSE DATED 22.05.2023 ISSUED TO GARUDA TRANSPORTS BY THE CHENGAMANAD GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING DOOR NO. XVI/1-B A TRUE COPY OF THE JUDGMENT DATED 07.09.2011 OF THIS HON'BLE COURT IN W.P.(C) NO. 32244 OF 2010 A TRUE COPY OF THE BUILDING PERMITS BEARING NO. 38/2015-16 DATED 02.07.2015 ISSUED BY THE CHENGAMANAD GRAMA PANCHAYAT TO AMBEESH ANTONY AND JINIL DAVIS W.P.(C) No.43393 of 2023 9 EXHIBIT P5(B) EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P8(A) A TRUE COPY OF THE BUILDING PERMITS BEARING NO. 19/15-16 DATED 21.05.2015 ISSUED BY THE CHENGAMANAD GRAMA PANCHAYAT TO AMBEESH ANTONY AND JINIL DAVIS A TRUE COPY OF THE MEASUREMENT SKETCH PREPARED BY THE TALUK SURVEYOR, ALUVA AFTER MEASUREMENT AND DEMARCATION OF BOUNDARIES A TRUE COPY OF THE STOP MEMO NO. 11/2023/KCPLWL DATED 11.12.2023 ISSUED BY THE 3RD RESPONDENT A TRUE COPY OF THE APPLICATION IN FORM 5 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14/12/2023 A TRUE COPY OF THE RECEIPT DATED 14.12.2023 ISSUED BY THE LAND REVENUE DEPARTMENT, GOVERNMENT OF KERALA EVIDENCING THE SUBMISSION OF EXHIBIT P8 APPLICATION