K M Abdul Salam vs Revenue Divisional Officer

Murali Purushothaman, J

The petitioner along with his brother are the owners in possession of an extent of 14.57 Ares of land comprised in Sy.No.70/2B, 2.71 Ares in Sy.No.70/2A-8, 0.98 Ares in Sy.No.70/2A-6 and 21.76 Ares in Sy.No.70/2A-7 of Ezhikkara Village.

The petitioner has approached this Court seeking a direction to the 1st respondent, RDO to consider and dispose of Ext.P2 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.P2 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 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.P2 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.P2 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.