Writ petition seeking consideration of a Form 6 application under the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The Court directed the Village Officer to submit a report within three months and the Revenue Divisional Officer to pass orders within three months thereafter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 29TH DAY OF JANUARY 2024 / 9TH MAGHA, 1945
WP(C) NO. 3348 OF 2024
PETITIONER:
RONY BABU @ RONY MATHEW, AGED 35 YEARS, S/O. LATE BABU VARGHESE, RESIDING AT CHINGAMPARAMBIL (H), MANNARAMALA MURI, OMALLOOR P.O., OMALLOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 647.
BY ADVS.GODWIN JOSEPH ANANDU RAJEEV ARUN BABU B.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
2 DISTRICT COLLECTOR, PATHANAMTHITTA, 2ND FLOOR, COLLECTORATE ROAD, PATHANAMTHITTA, PIN-689 645.
3 REVENUE DIVISIONAL OFFICER (RDO), ADOOR, REVENUE DIVISIONAL OFFICE, M.G. ROAD, ADOOR P.O., PATHANAMTHITTA DISTRICT, PIN-691 523.
4 THE TAHSILDAR, KOZHENCHERRY TALUK, KOZHENCHERRY TALUK OFFICE, GROUND FLOOR, MINI CIVIL STATION, PATHANAMTHITTA DISTRICT, PIN-689 645.
5 THE VILLAGE OFFICER, PATHANAMTHITTA VILLAGE, COLLECTORATE ROAD, PATHANAMTHITTA, PIN-689 645.
SMT. DEVISHRI R., GGOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.3348 OF 2024
P.V. KUNHIKRISHNAN, J. -----------------------------------------------------W.P.(C) No.3348 of 2024
Dated this the 29th day of January, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:-
I. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to consider on Exhibit P5 application in the light of Exhibit P4 Certificate and pass and pass Speaking Orders allowing the same.
II. To permit the Petitioner to file the Writ Petition without producing translation of vernacular documents marked as Exhibits in the Writ Petition.
III. Grant such other reliefs as may be prayed for and as the Hon'ble Court may deem fit to grant and
IV. Grant the cost of this Writ Petition.
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W.P.(C) NO.3348 OF 2024
Therefore, this writ petition is disposed of with the following directions:-
i) The 5th respondent is directed to submit necessary report based on Ext.P5 to the 3rd respondent as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
ii) Once such a report is received, the 3rd respondent will consider the same and pass appropriate orders in Ext.P5, as expeditiously as possible, at any rate, within three months from the date of receipt of the report.
iii) While deciding the matter, the 3rd respondent will also consider Ext.P4 certificate which is alleged to be issued by the Agricultural Field Officer.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bpr
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W.P.(C) NO.3348 OF 2024
APPENDIX OF WP(C) 3348/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PARTITION DEED NO. 2251/2015 DATED 09.10.2015 OF PATHANAMTHITTA SUB REGISTRAR OFFICE.
Exhibit P2 A TRUE COPY OF TAX RECEIPT NO. KL03021013101/2023 DATED 20.11.2023 ISSUED TO THIS PETITIONER BY THE 5TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE NO. 82156933 DATED 30.11.2023 ISSUED TO THIS PETITIONER BY THE 5TH RESPONDENT Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED 19.03.2016 ISSUED BY THE AGRICULTURAL FIELD OFFICER, PATHANAMTHITTA.
Exhibit P5 A TRUE COPY OF THE APPLICATION NO. 62/2023/80008 DATED 30.12.2023 SUBMITTED BY THIS PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS RECEIPT.
1 issue framed by the court
Whether the RDO must consider and dispose of the petitioner's Ext.P5 Form 6 application under the Kerala Conservation of Paddy Land and Wetland Rules, 2008, along with the Ext.P4 certificate.
1 provisions across 1 enactments
Rony Babu @ Rony Mathew
State of Kerala, Department of Revenue
District Collector, Pathanamthitta
Revenue Divisional Officer (RDO), Adoor
Tahsildar, Kozhencherry Taluk
Village Officer, Pathanamthitta Village
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
