Title: Sathar K.A. V. The Revenue Divisional Officer (RDO) & Ors.
Decided on October 12, 2023.
Case No. WP(C) No. 21832 of 2023.
CORUM: THE HON’BLE MR. JUSTICE BECHU KURIAN THOMAS.
Introduction
The present writ petition was filed on dated 06.07.2023, in which the leaned Government Pleader was directed to take the instruction from the Revenue Divisional Officer (RDO). In the present case, the Revenue Divisional Officers delayed the order for 12 months despite of the Court’s order and instructions from the Office of The Advocate General to issue an appropriate order on an application under the Kerala Land Utilization Order, 1967. The Hon’ble High Court of Kerala impose the fine of Rs, 10,000/- and also observed that this behavior of the Revenue Divisional Officials will create the chaos and confusion.
Facts of the case
The petitioner in this case is an aggrieved person whose land is converted land and was not included in the draft data bank created under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The land is classified as Nilam in the village recorded and basic tax register. The petitioner had earlier filed the petition before the RDO and seeking the permission for use of land for other purposes and for residential building which in which the permission denied by the officials.
Court’s analysis
The Hon’ble High Court has observed that despite of so many request from the office of the Advocate General to the RDO, they has not responded and despite of lapse of tine of 1 months no instructions has been passed by the official regarding the said matter, on the day of this judgement the Government Pleader informed the court till today no instruction came up from the office of RDO. On observing the situation and circumstances of the case, The Hon’ble High Court imposed the fine of Rs.10,000/- on RDO and the amount will be paid to the Kerala State Legal Service Authority, and ordered to issue the instruction regarding the said matter within the 7 days of stipulated time. The Hon’ble Court also observed that this type of behavior will create the chaos and confusion. When instruction was sought from the office of the Advocate General was not responded which is backed by the court’s order, the situation warrants a serious and stern action.
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Written by: Aamir Hussain.
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