C.D. JOSHY v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-02-14. C.D. JOSHY v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN TH WEDNESDAY, THE 14 DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 WP(C) NO. 5666 OF 2024 PETITIONERS: 1 C. D. JOSHY, AGED 65 YEARS S/O. LATE C. K. DAMODARAN, CHERAKULAM HOUSE, IRINJALAKUDA NORTH P. O. , THRISSUR DISTRICT, PIN - 680125 2 C. D. PRAVIKUMAR, AGED 62 YEARS S/O. LATE C. K. DAMODARAN, CHERAKULAM HOUSE, IRINJALAKUDA NORTH P. O. , THRISSUR DISTRICT, PIN - 680125 3 C. D. SANTHOSH, AGED 60 YEARS S/O. LATE C. K. DAMODARAN, CHERAKULAM HOUSE, IRINJALAKUDA NORTH P. O. , THRISSUR DISTRICT, PIN - 680125 BY ADVS. M. N.
SANJITH JAISON JOSEPH JIMMY JOSEPH VEENA VALLIKANTHAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDING, THIRUVANANTHAPURAM, PIN - 695001 2 REVENUE DIVISIONAL OFFICER OFFICE OF THE RDO, PARAKKUNNAM, PALAKKAD, PIN - 678001 3 THE LOCAL LEVEL MONITORING COMMITTEE REPRESENTED BY ITS CONVENOR- AGRICULTURAL OFFICER, CHITTOOR THATHAMANGALAM MUNICIPAL KRISHI BHAVAN, PALAKKAD, PIN - 678102 4 AGRICULTURE OFFICER CHITTOOR THATHAMANGALAM MUNICIPAL KRISHI BHAVAN, PALAKKAD, PIN - 678102 5 THE VILLAGE OFFICER CHITTOOR VILLAGE, PIN – 678101 R BY SR. GP SMT. DEVISHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14. 02. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioners are the owners in possession of an extent of 7. 23 Ares of land comprised in Re. Sy. No. 23/1 of Chittoor Village, Palakkad District. 2.
The petitioners have approached this Court nd seeking a direction to the 2 respondent, RDO to consider and dispose of Ext. P4 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’). 3. Ext. P4 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 th writ petition is disposed of directing the 4 respondent, the Agricultural 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. P4 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.
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, the RDO shall dispose of Ext. P4 within the time limit specified earlier. The petitioners shall produce a copy of this judgment along with the copy of this writ petition before the Agricultural Officer concerned for due compliance. Sd/- MURALI PURUSHOTHAMAN JUDGE SB APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 01. 12. 2023 ISSUED BY VILLAGE OFFICE, CHITTOOR BEARING NO. KL09020507400/2023 Exhibit P2 THE TRUE PHOTOCOPY OF THE THANDAPPER ACCOUNT CERTIFICATE DATED 20. 12. 2023 ISSUED BY VILLAGE OFFICER, CHITTOOR BEARING NO. 2023/155929/09 Exhibit P3 THE TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE DATED 19. 12. 2023 ISSUED BY VILLAGE OFFICER, CHITTOOR Exhibit P4 THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS IN FORM 5 DATED 08. 01. 2024 BEARING NO.
4/2024/1873091 Exhibit P5 THE TRUE PHOTOCOPY OF THE PRINT OUT TAKEN FROM THE WEBSITE OF THE REVENUE DEPARTMENT WWW. REVENUE. KERALA. GOV. IN ON 06. 02. 2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.