John Philipose vs State Of Kerala

Murali Purushothaman, J

The petitioner is the owner in possession of an extent of 6.26 Ares of land, comprised in Sy.No.72/13A-2 in Block No.1 of Edappally South Village, Kanayannur Taluk, Ernakulam District.

The petitioner has approached this Court seeking a direction to the 2nd respondent, the Revenue Divisional Officer, to consider and dispose of Ext.P1 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’).

Ext.P1 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 and the learned Government Pleader, this writ petition is disposed of directing the Village Officer/Agricultural Officer concerned, 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.P1 application, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the report from the Village Officer/Agricultural Officer concerned. The timelines as above shall be strictly complied with by the respective officers. In case the report has already been submitted by the Village Officer/Agricultural Officer concerned, the RDO shall dispose of Ext.P1 within the time limit specified earlier. The petitioner shall produce a copy of the judgment, along with a copy of the writ petition, before the Village Officer/Agricultural Officer concerned for due compliance.