Sreekumar C.P vs District Collector Civil Station Kozhikode

Murali Purushothaman, J

The petitioners are the owners in possession of an extent of 7 Ares 18 Sq. mts. of land comprised in Sy. No.47/34, Block No.005 of Chengottukavu Village, Koyilandi Taluk, Kozhikode District.

The petitioners have approached this Court seeking a direction to the 2nd respondent, RDO to consider and dispose of Ext.P3 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.P3 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 petitioners and the learned Government Pleader, this writ petition is disposed of directing the Agricultural Officer/Village 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.P3 application, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of the report from the Agricultural Officer/Village 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/Village Officer, the RDO shall dispose of Ext.P3 within the time limit specified earlier. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the Agricultural Officer/Village Officer for due compliance.