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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 PETITIONER:
AYSHA.K.Y AGED 54 YEARS W/O.MUHAMMED, PUTHENVEEDU, MANNAM. P.O., PARAVUR, ERNAKULAM DISTRICT, PIN – 683 520.
BY ADV WILSON URMESE RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER RDO OFFICE, FORT KOCHI ERNAKULAM DISTRICT., PIN – 682 001.
2 THE VILLAGE OFFICER CHERANALLOOR.P.O., ERNAKULAM DISTRICT, PIN – 682
034. 3 THE AGRICULTURAL OFFICER KRISHI BHAVAN, CHERANALLOOR. P.O., ERNAKULAM DISTRICT., PIN – 682 034, 4 CHERANALLOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, CHERANALLOOR. P.O., ERNAKULAM DISTRICT, PIN – 682 034.
STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.
BY ADV.
R.DEVI SHRI, GOVERNMENT PLEADER T.K. AJITH KUMAR, STANDING COUNSEL, FOR (R4) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE BY ADV.
R.DEVI SHRI, GOVERNMENT PLEADER T.K. AJITH KUMAR, STANDING COUNSEL, FOR (R4) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAND CONSERVATION - PADDY LAND AND WETLAND RULES - APPLICATION FOR CONVERSION - [Kerala Conservation of Paddy land and Wetland Rules, 2008, Rule 4(d)]
Fact of the Case:
The petitioner, owner of 08.09 Ares of land, filed an application (Ext.P9) under Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules, 2008, seeking conversion of the land. The application was not considered by the authorities within a reasonable time.
Finding of the Court:
The court held that the authorities have a bounden duty to consider the application in accordance with law within a reasonable time.
Issues: Whether the authorities have a duty to consider the application for conversion of land under the Kerala Conservation of Paddy land and Wetland Rules, 2008, within a reasonable time.
Ratio Decidendi: The court relied on Rule 4(d) of the Kerala Conservation of Paddy land and Wetland Rules, 2008, which provides that the competent authorities shall consider the application for conversion of land within a reasonable time.
Final Decision: The court directed the Agricultural Officer to submit a report to the RDO within two months, and the RDO to dispose of the application within three months from the date of receipt of the report.
The petitioner is the owner in possession of an extent of 08.09 Ares of land comprised in Re- Sy.No.546/7-3, Block No.4 of Cheranalloor Village, Kanayannoor Taluk, Ernakulam District.
2. The petitioner has approached this Court seeking a direction to the 1st respondent, RDO to consider and dispose of Ext.P9 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.P9 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.
Having heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the Panchayat, this writ petition is disposed of directing the 3rd 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.P9 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.P9 within the time limit specified earlier. The petitioner shall produce a copy of this judgment along with the copy of this writ petition before the Agricultural Officer concerned for due compliance. The other reliefs prayed for by the petitioner in the writ petition are left open.
Sd/- compliance. The other reliefs prayed for by the petitioner in the writ petition are left open.
Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ APPENDIX OF WP(C) 8250/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO.106/1996 OF SRO, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT, FOR YEAR 2023-24, DATED 03.04.2023. Exhibit P3 TRUE COPY OF THE SAID ORDER DATED 05.03.1995 OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI.
Exhibit P4 TRUE COPY OF THE SAID APPLICATION DATED 04.01.1997, SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 10.11.2017, ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 25.04.2022, ISSUED BY THE 4TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 04.04.2023, ISSUED BY THE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPLY DATED 29.09.2023, ISSUED BY THE 4TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE APPLICATION IN FORM-5 DATED 19/10/2023, SUBMITTED TO THE 1ST RESPONDENT UNDER THE PROVISIONS OF KERALA CONSERVATION OF PADDY LAND AND WETLAND (AMENDMENT) ACT, 2018.
2024:KER:16487 Exhibit P10 TRUE COPY OF THE LETTER SC2.12385/ 2579/ 28/2023 DATED 08.01.2024 WP(C) NO. 8250 OF 2024 Exhibit P10 TRUE COPY OF THE LETTER SC2.12385/ 2579/ 28/2023 DATED 08.01.2024
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