Kerala High Court
K.K.Lakshmi vs The District Collector, ... on 23 November, 2021
WP(C) NO. 20492 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 20492 OF 2021
PETITIONER/S:
K.K.LAKSHMI
AGED 69 YEARS
W/O. KUNJAN, CHANTHURUTHY HOUSE, KADAMBAZHIPURAM
P.O, PALAKKAD.
BY ADV ANIL KUMAR M.SIVARAMAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, COLLECTORATE
PALAKKAD, PIN - 678001,
2 SREEKRISHNAPURAM BLOCK PANCHAYAT
SREEKRISHNAPURAM, PALAKKAD - 679513, REPRESENTED BY
ITS SECRETARY.
3 KADAMBAZHIPURAM GRAMA PANCHAYATH
KADAMBAZHIPURAM, AZHIYANNUR P.O, 678633, PALAKKAD,
REPRESENTED BY ITS SECRETARY.
BY ADVS.
K.RAVI (PARIYARATH)
A.V.RAVI
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20492 OF 2021 2
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.20492 of 2021
--------------------------------------
Dated this the 23rd day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of mandamus or any other writ, order or
direction, commanding the respondents to complete the work
of major culvert and the bund to prevent the flooding and make
the padasekharam suitable for cultivation.
ii) Issue a writ of mandamus or any other appropriate writ,
direction or order, directing the respondents to consider Ext.-
P5 representation and take a decision to protect the paddy
fields by providing sufficient funds to complete the
construction work.
iii) Issue a writ of mandamus or any other appropriate writ,
order or direction, directing the 1st respondent to conduct an
inspection relating to the construction of culverts and directed
to take appropriate actions against the persons behind the foul
play."
2. The petitioner is an agriculturist and the Secretary of
a Padasekhara Samithy. Ext.P2 is the judgment rendered by
this Court on 5.4.2019. When there was violation of the same,
the petitioner approached this Court by filing two contempt
cases and Exts.P3 and P4 are the orders passed by this Court
in the contempt proceedings. Certain directions were issued
while disposing the contempt case also and the contempt cases
were closed. Even now, it is submitted that the grievance of
the petitioner is not redressed in accordance to Ext.P2
judgment. Therefore, the petitioner submitted Ext.P5
representation before the 1st respondent. The counsel for the
petitioner submitted that he will be satisfied if there is a
direction to consider Ext.P5 by the 1st respondent.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader. I also heard the learned counsel
for the 3rd respondent-Panchayat.
4. After hearing both sides, I think there can be a
direction to consider Ext.P5 and pass appropriate orders in it,
in accordance to law. No separate direction is necessary to
redress the grievance of the petitioner in the light of Exts.P2,
P3 and P4.
Therefore, this writ petition is disposed in the following
manner :
1) The 1st respondent will consider Ext.P5 representation
and pass appropriate orders in it, in accordance to law, as
expeditiously as possible.
2) The above exercise should be completed by the 1st
respondent within 3 months from the date of receipt of a
copy of this judgment.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 20492/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOGRAPHS SHOWING STATUS OF THE
WATER LOGGED PADDY LAND.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 5.4.2019
IN WP(C) NO. 40269/2016.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
21.11.2019, PASSED BY THIS HON'BLE COURT
IN THE ABOVE CONTEMPT CASE 1764/2019.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 16.02.2021
IN CONT. CASE (C) NO.2134 OF 2020.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED
15.02.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE NEWS REPORT DATED
16.08.2021 CAME IN JANMABHUMI NEWSPAPER.
