Kerala High Court
WP(C)/8478/2025 of JAYAN KURIAKOSE, Vs THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, on 28 March 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 8478 OF 2025 PETITIONER/S: JAYAN KURIAKOSE, AGED 49 YEARS S/O KURIAKOSE, ARAKUDIYIL HOUSE, NEDUMBASSERRY, MEKKAD P.O, ERNAKULAM DISTRICT,REPRESENTED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 8478 OF 2025
PETITIONER/S:
JAYAN KURIAKOSE,
AGED 49 YEARS
S/O KURIAKOSE, ARAKUDIYIL HOUSE, NEDUMBASSERRY, MEKKAD P.O, ERNAKULAM DISTRICT,REPRESENTED BY
POWER OF ATTORNEY HOLDER AMMINI, AGED 74 YEARS, W/O KURIAKOSE,ARAKUDIYIL HOUSE,MEKKAD, NEDUMBASSERRY, MEKKAD P.O, ERNAKULAM DISTRICT, PIN
- 683589
BY ADVS.
ANISH PAUL
K.V.SURESH KUMAR
RESPONDENT/S:
THE REVENUE DIVISIONAL OFFICER/ SUB COLLECTOR, FORT KOCHI,REVENUE DIVISIONAL OFFICE, FORT KOCHI, FORT KOCHI P.O, ERNAKULAM DISTRICT, PIN - 682001
THE AGRICULTURAL OFFICER,
KALADY KRISHI BHAVAN,KALADY, KALADY P.O, ERNAKULAM DISTRICT, PIN - 683574
THE VILLAGE OFFICER,
MATTOOR VILLAGE OFFICE,MATTOOR JUNCTION, MATTOOR, KALADY, ERNAKULAM DISTRICT, PIN - 683574
OTHER PRESENT:
Smt.Deepa.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is aggrieved by the inaction on the part of the 1st respondent in considering the Form 5 application submitted by the petitioner as evidenced by Ext.P3 as early as on 18.01.2023. As per Ext.P4 judgment this Court has already directed the Agricultural Officer to submit a report before the 1st respondent herein, within a period of two months and upon receipt of the same, the 1st respondent has to take a decision on the same within a period of three months. Even though the said judgment was passed as early as on 13.02.2024, even now the same has not been compiled with. This writ petition is submitted in such circumstances.
2. The learned Government Pleader upon instructions submitted that, the Agricultural Officer submitted a report on 18.10.2024 and therefore it is for the 1st respondent to take a decision on the same. The action on the part of the 1st respondent in not taking a decision despite a positive direction issued by this Court is highly improper. Therefore, this writ petition is disposed of, directing the 1st respondent or the authorized officer under Section 2(xvA) of the Kerala Conservation of Paddy Land and Wetland Act, 2008, to take a decision on the same, based on the report so submitted by the Agricultural Officer, within a period of one month from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A.A.
JUDGE rpk
APPENDIX OF WP(C) 8478/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 15.09.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF RELEVANT PAGE OF THE DATA BANK Exhibit P3 TRUE COPY OF THE FORM NO.5 APPLICATION DATED 18.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED13.02.2024 IN W.P(C) NO.5583/2024 OF THIS HON’BLE COURT