Kerala High Court
K.M.Xavier vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 41720 OF 2022
NAME AND ADDRESS OF THE PETITIONER:
K.M.XAVIER,
PROPRIETOR, KOOLIPURACKAL RICE MILL,
KOOLIPURACKAL HOUSE, VADAKKE AMICHAKARY,
NEDUMUDY PO., ALAPPUZHA-688 503,
BY ADV SUNIL JACOB JOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR, AGRICULTURAL DEVELOPMENT & FARMERS
WELFARE DEPARTMENT,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
3 THE DIRECTOR, DIRECTORATE OF INDUSTRIES AND COMMERCE,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM -695033.
4 THE DISTRICT COLLECTOR, ALAPPUZHA,
CIVIL STATION, ALAPUZHA-688001.
5 PRINCIPAL AGRICULTURAL OFFICER,
O/O. PRINCIPAL AGRICULTURAL OFFICER,
CIVIL STATION, ALAPPUZHA-688 001.
GP-SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.41720 of 2022
2
JUDGMENT
Dated this the 1st day of February, 2023
The petitioner is the proprietor of a Rice Mill situated in
Kuttanad, Alappuzha District. According to the petitioner as a
result of the flood that lashed the State from 10.08.2018
onwards, damages were suffered to the machineries installed
in the mill as well as the rice stored in the mill, belonging to
various individuals, Co-operative Societies and farmers.
2. The petitioner has produced various documents and
photographs to demonstrate the extent of damage that has
caused to the paddy stored in the mill. Anyhow petitioner in
order to secure compensation has submitted Ext.P3 before the
Chief Minister, which according to the petitioner is pending
consideration. It is further pointed out that the Principal
Agricultural Officer, Alappuzha as per Ext.P6 communication
dated 22.02.2018 as recommended compensation to the mill
owners who have suffered damages consequent to the flood.
Therefore seeks direction for disposal of Ext.P3 taking into
account Ext.P6 recommendation as well as any scheme
W.P.(C) No.41720 of 2022
launched by the Government to compensate the farmers and
the others suffered loss in the flood.
After having heard learned counsel for the petitioner
Sri.Sunil Jose, the learned Government Pleader Smt.Vidya
Kuriakose, and perusing the pleadings and documents on
record, the writ petition is disposed of directing the State
Government - the 1st respondent to consider Ext.P3 in
accordance with law at the earliest, and at any rate, within two
months from the date of receipt of a copy of this judgment.
Sd/-
SHAJI P. CHALY
JUDGE
AP
W.P.(C) No.41720 of 2022
APPENDIX OF WP(C) 41720/2022
PETITIONER EXHIBITS
Exhibit P1 PHOTOCOPY OF THE LICENSE BEARING
NO.31/2022-2023/JC1/118/22 DATED 27/4/2022
OF THE CHAMPAKULAM GRAMA PANCHAYAT.
Exhibit P2 COPY OF THE PHOTOGRAPHS.
Exhibit P3 PHOTOCOPY OF THE REQUEST DATED 10/9/2018 OF
THE PETITIONER BEFORE THE HON'BLE CHIEF
MINISTER.
Exhibit P4 A PHOTOCOPY OF THE COMMUNICATION DATED
1/10/2018 FROM THE OFFICE OF THE HON'BLE
MINISTER FOR AGRICULTURE, GOVERNMENT OF
KERALA.
Exhibit P5 PHOTOCOPY OF THE LETTER DATED 22/12/2018 OF
THE AGRICULTURE OFFICER, KRISHI BHAVAN,
CHAMPAKULAM TO THE 5TH RESPONDENT.
Exhibit P6 PHOTOCOPY OF THE REPORT OF THE 5TH
RESPONDENT NO.TA(5)14763/2018 DATED
22/2/2019 SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P7 PHOTOCOPY OF LETTER ADFW/PAO/ALP/403/2020-
TA5 DATED 18/5/2022 OF THE 5TH RESPONDENT.
