Thankachan M.V vs Puncha Special Officer
2021 Latest Caselaw 20663 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                  WP(C) NO. 21123 OF 2021
PETITIONER/S:

          THANKACHAN M.V.,
          AGED 60 YEARS,
          S/O.THOMAS VARKEY,
          MAMBARAMBIL HOUSE,
          KUTTANAD TALUK,
          EDATHWA VILLAGE,
          KODUPUNNA P.O.,
          ALAPPUZHA.
          BY ADVS.
          RAJESH VIJAYAN
          SIKHA S.NAIR

RESPONDENTS:

    1     PUNCHA SPECIAL OFFICER,
          PUNCHA SPECIAL OFFICE,
          KIDANGAMPARAMP, THATHAMPALLY,
          ALAPPUZHA, KERALA - 688 013.
    2     IDAKKARUKA NAALUNALPATH PADASEKHARA
          NELLULPATHAKA SAMITHY,
          THAYANKARI, REPRESENTED BY ITS SECRETARY,
          MOHANAN PILLAI, THOTTUKADAVIL,
          MADHAVAMANDIRAM, THAYANKARI P.O.,
          KANDANKARI, ALAPPUZHA,
          PIN - 689 573.
    3     CONVENOR,
          IDAKKARUKA NAALUNALPATH PADASEKHARA
          NELLULPATHAKA SAMITHY,
          THAYANKARI, ALAPPUZHA,
          PIN - 689 573.
 W.P.(C) No.21123 of 2021              ..2..




     4          AGRICULTURAL OFFICER,
                KRISHI BHAVAN, CHAMBAKKULAM,
                KUTTANAD, ALAPPUZHA, PIN - 688 505.


                BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER



         THIS    WRIT   PETITION    (CIVIL)      HAVING    COME   UP    FOR
ADMISSION        ON   05.10.2021,   THE       COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.21123 of 2021                ..3..




                     W.P.(C)No.21123 of 2021
           -------------------------------------------------------


                            JUDGMENT

Petitioner owns a paddy land. The paddy land of

the petitioner is part of a padasekharam, the cultivation of

which is carried on by the second respondent. It is stated

that having regard to the location of the paddy land of the

petitioner, the floating weeds in the entire padasekharam

get accumulated in the paddy land of the petitioner. The

case of the petitioner is that it is the responsibility of the

second respondent to remove the floating weeds in the

paddy land of the petitioner before cultivation begins every

year. Since the second respondent has not removed the

floating weeds, the petitioner preferred Ext.P2 W.P.(C) No.21123 of 2021 ..4..

representation before the first respondent. It is alleged by

the petitioner that Ext.P2 is not being considered. The

petitioner, therefore, seeks appropriate directions in this

regard in the writ petition.

2. Heard the learned counsel for the petitioner

as also the learned Government Pleader.

Having regard to the facts and circumstances of

the case, I deem it appropriate to dispose of the writ

petition directing the first respondent to take appropriate

action on Ext.P2 representation, within two weeks from

today. Ordered accordingly. The petitioner shall produce a

copy of this judgment for compliance before the first

respondent.

Sd/-

                                P.B.SURESH KUMAR, JUDGE
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 W.P.(C) No.21123 of 2021         ..5..




                 APPENDIX OF WP(C) 21123/2021

PETITIONER EXHIBITS
Exhibit P1            TRUE COPY OF THE PHOTOGRAPHS SHOWING

THE ACCUMULATION OF FLOATING WEEDS.

Exhibit P2 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.