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2024 Supreme(Online)(KER) 4306
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. 9984 OF 2024
PETITIONER/S:
USSAIN
AGED 45 YEARS
S/O. MUHAMMED, MECHEERI HOUSE,
CHEMBRASSERY EAST P.O, CHEMBRASSERY,
MALAPPURAM DISTRICT, PIN - 679327
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
CHEMBRASSERY VILLAGE OFFICE, CHEMBRASSERY
P.O, MALAPPURAM DISTRICT, PIN - 679327
THE THAHASILDAR (LAND RECORDS)
TALUK OFFICE, ERANADU TALUK, MANJERI P.O,
MALAPPURAM DISTRICT, PIN - 676121
OTHER PRESENT:
GP.. SMT DEVISHREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.9984/2024
The Revenue Divisional Officer (RDO) is required to consider and pass orders on applications filed under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, in accordance with the law.
Headnote:
Fact of the Case:
The petitioner, the absolute owner of 0.0832 hectares of land, filed a writ petition seeking a direction to the Revenue Divisional Officer (RDO) to consider and pass orders on his 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 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 the judgment.
The petitioner is the absolute owner in possession of 0.0832 hectors of land comprised in Block Number 147 & Re-Survey Numbers 356/13, 356/13-3, 356/14-2 & 356/14-5 of Chembrassery Village in Ernad Taluk in Malappuram District. He 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 wpc no.9984/2024 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.
- MURALI PURUSHOTHAMAN JUDGE al/-.13.03.2024.
- WPC No.9984/2024 APPENDIX OF WP(C) 9984/2024 PETITIONER EXHIBITS Exhibit-P1. A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 06.01.2024 ISSUED BY THE SECOND RESPONDENT.
- Exhibit-P2A TRUE COPY OF THE APPLICATION (IN FORM NUMBER 6) DATED 13.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT U/S.
