Karthikeyan vs The District Collector
2023 Latest Caselaw 9381 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 28688 OF 2023
PETITIONER:


            KARTHIKEYAN, AGED 74 YEARS, S/O. KANDACHAN, THAYYIL
            CHIRAYIL HOUSE, NEHRU TROPHY WARD, MULLAKKAL VILLAGE,
            AVALUKKUNNU P.O., ALAPPUZHA DISTRICT, PIN - 688006

            BY ADVS.
            GEORGE SEBASTIAN
            PHILIA KOSHY


RESPONDENTS:


    1       THE DISTRICT COLLECTOR, ALAPPUZHA, COLLECTORATE OFFICE,
            CIVIL STATION WARD, ALAPPUZHA, PIN - 688001

    2       THE PUNJA SPECIAL OFFICER, PUNJA SPECIAL OFFICE,
            PULIMOOTTIL BUILDINGS, NEAR DISTRICT COURT BRIDGE, IRON
            BRIDGE P.O., ALAPPUZHA, PIN - 688011

    3       THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ALAPPUZHA,
            NEAR PRIVATE BUS STAND, HEAD OFFICE P.O., ALAPPUZHA,
            PIN - 688001


OTHER PRESENT:
           SRI. S.RANJITH, SPL.G TO AAG


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.28688 of 2023

                                     2

                   P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.28688 of 2023
           ---------------------------
            Dated this the 25th day of August, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"i. To issue a Writ of mandamus, order or direction to respondents 2 and 3 not to conduct elections to the executive committee of Idavazhikkal Kayal Padasekhara Nellulpadaka Samithy without complying with Rule 15(10) of the Kerala Irrigation and Water Conservation Rules 2005.

ii. To issue a Writ of mandamus, order or direction to the 3rd respondent to consider and dispose of Ext P3 representation at the earliest, after hearing the petitioner and to direct respondents 2 and 3 not to conduct any elections to Idavazhikkal Kayal Padasekhara Nellulpadaka Samithy till a decision is taken on Ext P3.

iii. To dispense with the production of English translation of Vernacular documents.

iv. To grant such other reliefs as this Hon'ble court deems fit." (SIC)

2. When this writ petition came up for consideration,

the learned Special Government Pleader submitted that the

election of the Idavazhikkal Kayal Padasekhara Nellupadaka

Samithy is not even scheduled and there is no such

proposal now. If that is the case, nothing survives in this

writ petition. The counsel for the petitioner submitted that W.P (C) No.28688 of 2023

there may be a direction to consider Ext.P3 by the 3 rd

respondent. That can be allowed.

Recording the above submission of the Government

Pleader, this writ petition is disposed of with the following

directions.

1) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P3, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.28688 of 2023

APPENDIX OF WP(C) 28688/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 29.07.2023 ISSUED FROM THE MULLAKKAL VILLAGE OFFICE IN FAVOUR OF THE PETITIONER

Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 02.11.2021 ISSUED TO THE PETITIONER BY THE IDAVAZHIKKAL KAYAL PADASEKHARA NELLULPADAKA SAMITHY

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 23.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 23.08.2023