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2024 Supreme(Online)(KER) 4388

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD

PHALGUNA, 1945

WP(C) NO. 9989 OF 2024

PETITIONER/S:

SAJNA P

AGED 41 YEARS

W/O. MUJEEB RAHMAN, PANACHIKKAL HOUSE,

PANDIKKAD, PANDIKKAD P.O, MALAPPURAM

DISTRICT, PIN - 676521

BY ADV K.ABOOBACKER SIDHEEQUE

RESPONDENTS:

THE REVENUE DIVISIONAL OFFICER,

PERINTHALMANNA

OFFICE OF THE REVENUE DIVISIONAL OFFICER,

PERINTHALMANNA, MALAPPURAM DISTRICT, PIN -

679322

THE VILLAGE OFFICER

VETTIKKATTIRI VILLAGE OFFICE, VETTIKKATTIRI

P.O MALAPPURAM DISTRICT, PIN - 676521

THE THAHASILDAR (LAND RECORDS)

TALUK OFFICE, ERANADU TALUK, MANJERI P.O,

MALAPPURAM DISTRICT, PIN - 676121

OTHER PRESENT:

SR. GP SMT. AMMINIKUTTY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

WPC No.9989/2024

Revenue Divisional Officer (RDO) is obligated 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 absolute owner of 0.0405 hectares of land, filed a writ petition seeking a direction to the Revenue Divisional Officer (RDO) to consider and pass orders on her application (Form-6) 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 in accordance with the law within four months from the date of receipt of a copy 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 thereon, in accordance with law, as expeditiously as possible.

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 from the date of receipt of a copy of the judgment.

JUDGEMENT

The petitioner is the absolute owner in possession of 0.0405 hectors of land comprised in Block Number 144 & Re-Survey Number 326/3-6 of Vettikkattiri Village in Ernad Taluk in Malappuram District. She has approached this Court seeking a direction to the 1st respondent/Revenue Divisional Officer to consider and pass orders on Ext.P2, Form-6 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 wpc no.9989/2024 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.

    MURALI PURUSHOTHAMAN JUDGE al/-.13.03.2024.
    WPC No.9989/2024 APPENDIX OF WP(C) 9989/2024 PETITIONER EXHIBITS Exhibit -P1A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.09.2023 ISSUED BY THE SECOND RESPONDENT.
    Exhibit-P2A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 6) DATED 02.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S.
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