High Court Kerala High Court

M.T.Sasi vs The District Collector on 4 December, 2008

Kerala High Court
M.T.Sasi vs The District Collector on 4 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35773 of 2008(H)


1. M.T.SASI, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, COLLECTORATE,
                       ...       Respondent

2. THE REVENUE DIVISIONAL OFFICER,

3. THKE ADDL.TAHSILDAR, KUTTANAD TALUK,

4. THE VILLAGE OFFICER, MUTTAR, KUTTANAD,

5. VILASINI, NALPATHYANCHIL VEEDU,

6. VARGHESE ANTONY (KUNJACHAN), MUTTUMPURAM

                For Petitioner  :SRI.G.PRIYADARSAN THAMPI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :04/12/2008

 O R D E R
                              V.GIRI,J.
                       -------------------------
                  W.P ( C) No.35773 of 2008
                       --------------------------
             Dated this the 4th December, 2008

                         J U D G M E N T

Petitioner is an Agriculturist having paddy

cultivation in the fields at Kuttanad in the southern side of

the Anattupuram-Choothanadi paddy field. Respondents

5 and 6 are the inhabitants residing adjacent to the

Vachal Thodu which is used for irrigation and

transportation purposes by the agriculturists having

access to the said Vachal Thodu. It seems that there is

obstruction caused to Vachal Thodu by respondents 5 and

6 resulting in inadequate flow of water to the paddy

fields. This was brought to the notice of RDO vide

Exhibit P2 representation. An enquiry was conducted by

the 4th respondent as per the directions of the RDO, who

as per Exhibit P3 came to the conclusion that respondents

5 and 6 had filled up the Vachal Thodu. Thereafter, 2nd

respondent directed the 3rd respondent to take steps in

accordance with provisions of the Kerala Land Utilisation

W.P ( C) No.35773 of 2008
2

Act and this was conveyed to the 4th respondent vide

Exhibit P5.

2. Petitioner’s grievance is regarding the delay in

implementation of the direction issued under Exhibit P5.

Exhibit P6 representation has been filed before the District

Collector who is obviously competent to see that the lawful

direction issued by a subordinate authority is implemented

by him.

3. Having heard the learned Government Pleader

also, the writ petition is disposed of directing the 1st

respondent to look into Exhibit P6 and see that directions,

if any issued by his subordinate authority for removing the

obstruction to the Vachal Thodu is implemented, in

accordance with law, without further delay, at any rate,

within one month from the date of receipt of a copy of this

judgment.

Petitioner shall produce a copy of this judgment along

with copy of the writ petition before the 1st respondent for

compliance.

(V.GIRI,JUDGE)
ma

W.P ( C) No.35773 of 2008
3

W.P ( C) No.35773 of 2008
4