The court directed the Revenue Divisional Officer to consider the petitioner's application under Rule 4(4D) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008, to remove garden land from the Data Bank within three months.
Directed the Respondent to consider the Form-5 application and pass orders in accordance with law within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
WP(C) NO. 25851 OF 2023
PETITIONER:
JAMES
AGED 71 YEARS
S/O PAUL, AGED 71 YEARS, KACHAPPILLY HOUSE,
CHAMPANNOOR ANGAMALY, ERNAKULAM.,
PIN – 683 572.
BY ADVS.
JINSON OUSEPH
CHITRA VIJAYAN
BASIL MECHERY
NIMISHA GEORGE
AMALENDU N.S.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001.
2THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
FIRST FLOOR, KB JACOB RD, FORT KOCHI,
ERNAKULAM., PIN – 682 001.
BY ADV
SMT.DEEPA NARAYANAN-SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.25851 of 2023
: 2 :
JUDGMENT
Dated this the 7th day of August, 2023
The petitioner, who is owner of 70.35 Ares of land
in Block No.10 of Nedumbassery Village of Aluva Taluk in Ernakulam District, has filed this writ petition seeking to direct the 2nd respondent-Revenue Divisional Officer to consider
and pass orders on Ext.P2 applic ation within a time frame to be fixed by this Court.
W.P.(C) No.25851 of 2023
: 3 :
W.P.(C) No.25851 of 2023
: 4 :
and the learned Government Pleader representing the respond ents.
W.P.(C) No.25851 of 2023
: 5 :
competent authority has a legal duty to consider the application in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2nd 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
AMR
W.P.(C) No.25851 of 2023
: 6 :
APPENDIX OF WP(C) 25851/2023
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF LAND TAX RECEIPT NO.
KL07041709027/2023, DATED 28.07.2023
ISSUED BY THE LAND REVENUE DEPARTMENT.
Exhibit P2
TRUE COPY OF ONLINE APPLICATION NO.
123/2022/491637, DATED 02.10.2022
PREFERRED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
1 issue framed by the court
Whether the Revenue Divisional Officer is under a legal duty to consider the petitioner's application to remove land from the Data Bank within a reasonable time.
2 provisions across 2 enactments
JAMES
STATE OF KERALA
THE REVENUE DIVISIONAL OFFICER
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court