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2024 Supreme(Online)(KER) 5748
HIGH COURT OF KERALA
Murali Purushothaman, J
M/S. INDEL AUTOMOTIVES PRIVATE LIMITED – Appellant
Versus
THE REVENUE DIVISIONAL OFFICER PALAKKAD – Respondent
WP(C) 7611/2024
Revenue Divisional Officers are required to consider and pass orders on applications filed under the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
Headnote:
Fact of the Case:
The petitioner, the owner of 40.47 Ares of land, filed a writ petition seeking a direction to the Revenue Divisional Officer (RDO) to consider and pass orders on their application (Form-7) filed under the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
Finding of the Court:
The court directed the RDO to consider and pass orders on the petitioner's application within four months from the date of receipt of the judgment.
Issues: Whether the RDO should consider and pass orders on the petitioner's application under the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
Ratio Decidendi: The court held that Ext.P2 is a statutory application and directed the RDO to consider and pass orders on it in accordance with law.
Final Decision: The court disposed of the writ petition with a direction to the RDO to consider and pass orders on the petitioner's application within four months.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945 WP(C) NO.7611 OF 2024 PETITIONER:
M/S.INDEL AUTOMOTIVES PRIVATE LIMITED NO.301 FLOOR NO.3, SAI ARCADE, N.S ROAD, MULUND WEST, MUMBAI, PIN-400080, REPRESENTED BY MANAGING DIRECTOR, G. MOHANAN, AGED 68 YEARS, S/O. LATE K.N. UNNIKRISHNAN NAIR, RESIDING AT DHANYA, KANNADI P.O, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678701 BY ADVS.
JACOB SEBASTIAN WINSTON K.V ANU JACOB RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER PALAKKAD REVENUE DIVISIONAL OFFICE, VIDYUT NAGAR, PARAKKUNNAM P.O, PALAKKAD DISTRICT, PIN - 678001
2 THE VILLAGE OFFICER KODUMBU VILLAGE OFFICE, KODUMBU P.O, PALAKKAD DISTRICT, PIN - 678551
3 THE AGRICULTURAL OFFICER FOR THE KODUMBU PANCHAYAT AGRICULTURE OFFICE, KODUMBU P.O, PALAKKAD DISTRICT, PIN - 678551 BY SR.GP.SMT.K.AMMINIKUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is the owner in possession of
40.47 Ares of land comprised in Resurvey Nos.8/25, 9/14 and 9/18 in Resurvey Block No.46 of Kodumbu Village, Palakkad Taluk, Palakkad District. They have approached this Court seeking a direction to the 1st respondent/Revenue Divisional Officer to consider and pass orders on Ext.P2, Form-7 application filed under the Kerala Conservation of Paddy Land and Wetland Rules, 2008.
2. Heard the learned counsel for the petitioner and the learned Government Pleader. In the facts and circumstances of the case and taking into consideration that Ext.P2 is a statutory application, this writ petition is disposed of with a direction to the 1st respondent/RDO to consider and pass orders thereon, in accordance with law, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this writ petition along with the copy of the judgment before the 1st respondent for due compliance.
Sd/-
MURALI PURUSHOTHAMAN JUDGE sp/27/02/2024 APPENDIX PETITIONER ' S EXHIBIT S:-
Exhibit-P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 05.07.2023 ISSUED BY THE SECOND RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 7) DATED 16.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S. 27 A OF THE CONSERVATION OF PADDY LAND AND WET LAND ACT, 2008.
