Petitioner challenged delays in disposing of his application to remove garden land from paddy/wetland data bank. Court directed RDO to consider the complete, documented application and pass orders within three months.
Direction to 1st respondent to consider Ext.P2 Form-5 application (if complete and fee paid) and pass orders within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
WP(C) NO. 20336 OF 2022
PETITIONER:
JEEVAN
AGED 45 YEARS S/O.ITYERA, CHACKALACKAL HOUSE, VARANDARAPPILLY, VARNDARAPPILLY.P.O., THRISSUR., PIN - 680303
BY ADVS. C.A.CHACKO C.M.CHARISMA
RESPONDENTS:
1 REVENUE DIVISIONAL OFFICER IRINJALAKKUDA, REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, IRINJALAKKUDA, THRISSUR., PIN – 680125
2 AGRICULTURAL OFFICER KRISHI BHAVAN, VARANDARAPPILLY, NANDIPULAM.P.O., THRISSUR [CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, VARANDARAPPILLY, THRISSUR]PIN – 680312
BY ADV
SRI.SYAMANTHAK B.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 11th day of August, 2022
The petitioner, who is owner of 34.8 Ares of land in Block No.30 of Varandarappilly Village of Chalakkudy Taluk in Thrissur District, has filed this writ petition seeking to direct the 1st respondent-Revenue Divisional Officer to consider and pass orders on Ext.P2 application within a time frame to be fixed by this Court.
WP(C) NO. 20336 OF 2022
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purposes. Hence, the petitioner filed Ext.P2 application in Form-5, invoking Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application was filed on 17.09.2021. The application is not disposed of so far. Unless the application is considered expeditiously, the petitioner will be put to untold hardship and loss, contends the petitioner.
respondents resisted the writ petition. The Government Pleader controverted all material allegations made by the petitioner, in the writ petition. The Government Pleader, however, submitted that since the petitioner has invoked a statutory remedy under the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008, the application submitted by the petitioner can be considered by
WP(C) NO. 20336 OF 2022
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the competent authority in accordance with law, provided the application is received, is complete in all respects and is supported by all necessary documents.
and the learned Government Pleader representing the respondents.
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Bank.
The writ petition is therefore disposed of directing the 1st respondent-Revenue Divisional Officer to consider Ext.P2 Form-5 application submitted by the petitioner if the same is received, supported by all requisite documents and paying prescribed fee, if any, and to pass orders thereon in accordance with law, within a period of three months.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 20336/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CERTIFICATE DATED 21/1/2020 ISSUED BY VILLAGE OFFICER, VARANDARAPPILLY Exhibit P2 TRUE COPY OF FORM 5 APPLICATION SUBMITTED BEFORE 1ST RESPONDENT ALONG WITH ITS RECEIPT NO.B5/12089/21 DATED 20/9/2021 Exhibit P3 TRUE COPY OF COMMUNICATION DATED 26/5/2022 SENT BY 2ND RESPONDENT
RESPONDENT'S/S EXHIBITS : NIL
2 issues framed by the court
Whether the 1st respondent-RDO has a legal duty to consider the petitioner's Form-5 application under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 within a reasonable tim
Whether the petitioner's application to remove land from the Data Bank requires expedited disposal by the competent authority.
2 provisions across 2 enactments
Jeevan
Revenue Divisional Officer Irinjalakkuda
Agricultural Officer Krishni Bhavan Varandarappilly
N. Nagaresk
Nindra Bondy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
