M.M. Sivasankaran vs State Of Kerala
2023 Latest Caselaw 6081 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                     WP(C) NO. 7048 OF 2023
PETITIONER/S:

            M.M. SIVASANKARAN
            AGED 70 YEARS
            S/O. MADHAVAN, KAILASAM, KUNNUMA P.O., THAKAZHY,
            ALAPPUZHA DISTRICT,, PIN - 688562
            BY ADVS.
            ANEESH JAMES
            JIJO THOMAS
            M.D.BEENA


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT
            SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN -
            695001
    2       THE ALAPPUZHA PUNJA SPECIAL OFFICER
            PUNJA SPECIAL OFFICE, PULIMOOTTIL BUILDINGS, IRON
            BRIDGE P.O., ALAPPUZHA, PIN - 688011
OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   09.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         -2-
W.P.(C). No. 7048 of 2023



                                P.V.KUNHIKRISHNAN, J.
                               ======================================================

                                   W.P.(C) No. 7048 of 2023
                            =============================================================

                        Dated this the 9th day of June, 2023

                                             JUDGMENT

The above writ petition is filed with following prayers:

"a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pay the petitioner the amounts admitted in Exhibit P2 statement within a time limit to be stipulated by this Hon'ble Court.

b) Dispense with the filing of English translations of the documents in vernacular.

c) Issue such other writ, order or direction as this Hon'ble Court deem fit while considering the peculiar circumstances of the case." (sic)

2. The main prayer in this writ petition is to issue

direction to the respondents to pay the admitted amount to the

petitioner as per Ext.P2 statement within a time frame. The

petitioner is a pumping contractor, who earns his livelihood by

W.P.(C). No. 7048 of 2023

carrying out de-watering of padashekaharams. Under Section 32

of the Kerala Irrigation and Water Conservation Act, 2003, it is

submitted that, it is the duty of the 2nd respondent Punja Special

Officer to arrange for de-watering of the padashekharams before

each paddy season. It is also stated that the entire expenses for de-

watering are met upfront by the de-watering contractor and on

completion of the work the de-watering contractors are paid at the

rate of Rs. 1800/- per acre for the punja crop and Rs. 1900/- per

acre for the second crop by the Government through the 2 nd

respondent. It is submitted that as evident by Ext.P2 statement,

huge amount is due to the petitioner for the de-watering works

executed by the petitioner during the financial years 2020-21 to

2022-23. The same is not disbursed is the grievance. Hence, this

writ petition.

3. Heard the counsel for the petitioner, and the

Government Pleader.

W.P.(C). No. 7048 of 2023

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition. The Government Pleader,

on getting instructions, submitted that the total amount due is

Rs.19,18,920/-. The Government Pleader also submitted that out

of this amount substantial amount is already disbursed. The

Government Pleader also submitted that the amount is disbursed

based on B-Form seniority.

5. After hearing both sides, I am of the considered

opinion that the respondents should disburse the admitted balance

amount as expeditiously as possible. Simply because, there is a

seniority list, the amount due cannot be denied to the petitioner

indefinitely. Financial stringency of the Government is not a

ground to disburse the amount, because it is the legitimate

amount due to the petitioner as per the statute. Therefore, I am of

the opinion that the balance amount due to the petitioner should

be disbursed to the petitioner within three months.

W.P.(C). No. 7048 of 2023

Therefore, this writ petition is disposed of directing the

respondents to disburse the balance admitted amount due to the

petitioner, as expeditiously as possible, at any rate within three

months from the date of receipt of a certified copy of this

judgment.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 7048 of 2023

APPENDIX OF WP(C) 7048/2023

PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE REQUEST DATED 21.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE STATEMENT DATED 23.02.2023 ISSUED BY THE 2ND RESPONDENT DETAILING THE AMOUNTS DUE TO THE PETITIONER FOR THE VARIOUS DE-WATERING WORKS EXECUTED BY THE PETITIONER Exhibit P3 . A TRUE COPY OF THE LOAN RECALL NOTICE DATED 13.01.2023 ISSUED BY THE IDBI BANK TO THE PETITIONER