Nargil vs Revenue Divisional Officer Revenue Divisional Offic

Bechu Kurian Thomas, J

Petitioner is the owner of various extent of lands. Petitioner alleges that he had filed an application in Form 5 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short ‘the Rules’). Copy of the application submitted by the petitioner is produced as Ext.P4.

According to him, though the application was filed on 17.08.2023 neither the report has been submitted by the Agricultural Officer nor has any decision been taken by the first respondent/RDO.

Form 5 application filed by the petitioner is a statutory application as per Rule 4(d) of the Rules. The competent authorities, therefore, have a legal duty to consider the said application in accordance with law within a reasonable time.

Having  heard  Adv.C.K.Sherin,  the  learned  counsel  for  the petitioner and Smt.K.Amminikutty, learned Sr.Government Pleader, I am of the view that this writ petition can be disposed of with a direction to take a decision on Ext.P4 application in a time bound manner.

Accordingly, there will be a direction to the 2nd respondent/Agricultural Officer to submit a report as contemplated under Rule 4(e) of the Rules within a period of 60 days from the date of receipt of a copy of this judgment. Pursuant to receipt of the said report, the first respondent shall take a decision on Ext.P4 application within three months thereafter. The timelines specified above shall be strictly complied with by the respective officers.

The writ petition is disposed of accordingly.