M.M Chandu vs State Of Kerala
2023 Latest Caselaw 10988 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 31722 OF 2023
PETITIONER:

          M.M CHANDU, AGED 78 YEARS
          S/O M.C MINIAN, MANJADIPARAMBIL HOUSE
          MARUVAKKAD, CHELLANNAM, PIN - 682008

          BY ADVS.
          TOBIAS TOGI MATHEW
          PAUL P. ABRAHAM


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY,
          AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD,
          ERNAKULAM, PIN - 682030

    3     PRINCIPAL AGRICULTURAL OFFICER
          ERNAKULAM DISTRICT, PIN - 682030

    4     THE AGRICULTURAL OFFICER
          CHELLANAM, ERNAKULAM DISTRICT, PIN - 682008

    5     MARUVAKKAD PADAESKHARA KARSHAKA UNION
          REG NO.ER/75, CHELLANAM P.O., REPRESENTED BY
          IT'S SECRETARY V.V ANTONY, S/O. VAVACHAN,
          VELIPARAMBIL (H), CHELLANAM P.O., ERNAKULAM,
          PIN - 682008

    6     THE SECRETARY, MARUVAKKAD PADASEKHARA KARSHAKA
          UNION, REG NO.ER/75, CHELLANAM P.O, PIN - 682008


          SRI. SUNIL K.KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 31722/23
                                       2

                            JUDGMENT

The petitioner had approached this Court through this Writ

Petition, at a time when he feared that his paddy fields would be

flooded with water; and thus has sought a direction to the 2 nd

respondent - District Collector, to provide assistance for dewatering

it, with the aid of sufficiently powered pumping motors.

2. However, when this matter was called today, the learned

counsel for the petitioner - Sri.Tobias Togi Mathew, conceded that

the purpose of this Writ Petition is no longer relevant this year; but

prayed that the District Collector be directed to keep a vigil in

future, because the afore is an ongoing problem for the paddy

cultivators of the area in question.

3. Sri.Sunil Kumar Kuriakose - learned Government Pleader,

in response, submitted that a Memo dated 12.10.2023 has been filed

by him, producing therewith a report of the Agricultural Officer,

wherein, inter alia, it is stated that the Bunds in the petitioner's

property have been destroyed and that this has also contributed to

the flooding. He added that, however, the competent Authorities are WPC 31722/23

always willing to keep vigil in future, subject to the co-operation of

the petitioner.

4. Sri.Tobias Togi Mathew, however, asserted that the report

aforementioned does not state the correct facts and that his client, in

fact, sleeps very close to the paddy field - some days even on the

Bunds - to ensure that there is no flooding. He submitted that,

therefore, the finding in the report, that the Bunds in his property

have been destroyed, is factually incorrect.

5. I do not propose to enter into the merits of the afore

factual controversy at this stage because, it is now irrelevant.

However, the apprehension of the petitioner, that flooding may

happen in future, is certainly one that has to be kept in mind by the

Authorities.

6. In the afore circumstances, I reserve liberty to the

petitioner to approach any competent Authority, should such a

requirement arise in future; in which event, said Authority shall

ensure that every measure is taken to avoid water-logging/flooding

in the paddy fields, so that persons like the petitioner can do

farming without threat or loss.

WPC 31722/23

7. That said, taking note of the intent of petitioner and since

this Court is also aware of the travails of paddy cultivation, the

District Collector is ordered to be alive to the concerns projected in

this Writ Petition, should it happen in future; and if the petitioner is

to approach him in terms of the liberty afore, every necessary

measure/steps will be ensured to be taken and put in force without

fail.

This Writ Petition is thus ordered.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 31722/23


                 APPENDIX OF WP(C) 31722/2023

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE COMPLAINT PREFERRED BY
                    THE PETITIONER TO THE RESPONDENT NO. 4,
                    AGRICULTURAL OFFICER CHELLANAM DATED
                    12.07.2023
Exhibit P2          TRUE COPY OF THE COMPLAINT PREFFERED BY

THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.09.2023