T.E.Saifudheen vs State Of Kerala
2021 Latest Caselaw 12555 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 26TH DAY OF MAY 2021 / 5TH JYAISHTA, 1943
                          WP(C) NO. 11399 OF 2021
PETITIONER/S:

     1       T.E.SAIFUDHEEN, AGED 62 YEARS
             S/O.ISMAILKUNJU, RESIDING AT THUNDUPARAMBIL,
             KUNNUMMA P.O., THAKAZHI, ALAPPUZHA - 688 562.

     2       REEJA, AGED 48 YEARS
             W/O.T.E.SAIFUDHEEN, RESIDING AT THUNDUPARAMBIL,
             KUNNUMMA P.O., THAKAZHI, ALAPPUZHA - 688 562.

     3       BAHULEYAN, AGED 67 YEARS
             S/O.GOPALAN, RESIDING AT SINDHUNILAYAM, KUNNUMMA P.O.,
             THAKAZHI, ALAPPUZHA - 688 562.

     4       VIJAYAN A.D., AGED 65 YEARS
             S/O.DIVAKARAN, RESIDING AT ANCHUTHENGIL, KUNNUMMA P.O.,
             THAKAZHI, ALAPPUZHA - 688 562.

     5       BINNO JERARD LUIZ, AGED 54 YEARS
             S/O.LATE LAWRENCE LUIZ, RESIDING AT CHERUPUNNATHIL HOUSE,
             ARATTUKADAVU ROAD, K.D.PLOT P.O., KALAMASSERY,
             KOCHI - 683 104.

     6       JOHN S.ALLEN, AGED 55 YEARS
             S/O.ALLEN, RESIDING AT OTTATHENGI, KUNNUMMA P.O.,
             THAKAZHI, ALAPPUZHA - 688 562.

             BY ADVS. ANEESH JAMES
                      JIJO THOMAS
                      M.D.BEENA


RESPONDENTS :-

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS
             WELFARE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN,
             THIRUVANANTHAPURAM - 695 033.
 WP(C) NO. 11399 OF 2021
                               -: 2 :-

     2     THE DISTRICT COLLECTOR
           ALAPPUZHA CIVIL STATION, ALAPPUZHA - 688001.

     3     THE ALAPPUZHA PUNJA SPECIAL OFFICER
           PUNJAB SPECIAL OFFICE, PULIMOOTTIL BUILDINGS,
           IRON BRIDGE P.O., ALAPPUZHA - 688 011.

     4     THE AGRICULTURAL OFFICER
           KRISHI BHAVAN, THAKAZHI, THAKAZHI P.O.,
           ALAPPUZHA - 688 562.

     5     KOLLANDI PADASHEKHARA NELLULPADAKA SAMITHI
           THUNDUPARAMBIL, BUILDING NO.10/9, KUNNUMMA P.O.,
           THAKAZHI, ALAPPUZHA - 688 562
           REPRESENTED BY ITS SECRETARY.

           BY SRI.K.P.HARISH, SR.GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11399 OF 2021
                                      -: 3 :-

                                 JUDGMENT

This writ petition is filed seeking the following reliefs :-

"(a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to act on Exhibit P7 and carry out de-watering of the Kollanadi Padashekharam to facilitate the sowing of paddy for the second crop of 1196 M.E., within a time limit to be stipulated by this Hon'ble Court.

(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to take a decision on Exhibit P7, within a time limit to be stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that if Ext.P7 is not considered at the earliest, the agriculturalists will

be put to extreme difficulties.

4. Having heard the learned counsel on either side, I am of the

opinion that it is for the 3rd respondent to take an appropriate decision

on Ext.P7 request made by the petitioners.

There will, accordingly, be a direction to the 3 rd respondent

to take up, consider and pass orders on Ext.P7 request made by the WP(C) NO. 11399 OF 2021

petitioners, within a period of three weeks from the date of receipt of

a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN, JUDGE

Jvt/27.5.2021 WP(C) NO. 11399 OF 2021

APPENDIX OF WP(C) 11399/2021

ANNEXURE/EXHIBITS

Exhibit P1 A TRUE COPY OF THE BYELAWS OF THE KOLLANADI PADASHEKHARA NELLULPADAKA SAMITHI,

Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED 09/12/2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE MINUTES OF THE MEETING HELD IN THE OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, AMBALAPPUZHA ON 18/01/2021.

Exhibit P4 A TRUE COPY OF THE ORDER DATED 09/03/2021 ISSUED BY THE ASSISTANT DIRECTOR OF AGRICULTURE, AMBALAPPUZHA.

Exhibit P5 A TRUE COPY OF THE REPLY DATED 31/03/2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 30/03/2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE ASSISTANT DIRECTOR OF AGRICULTURE, AMBALAPPUZHA.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 28/04/2021 SUBMITTED BEFORE THE 3RD RESPONDENT BY 27 MEMBERS OF THE 5TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE ACKNAOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P7 BY THE 3RD RESPONDENT.