P.M.Thomas vs Thankamma George on 13 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 1079 of 2007(A)



1. P.M.THOMAS
                      ...  Petitioner

                        Vs

1. THANKAMMA GEORGE
                       ...       Respondent

                For Petitioner  :SRI.JOMY GEORGE

                For Respondent  :SRI.ABRAHAM VAKKANAL

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/11/2007

 O R D E R
                  ANTONY DOMINIC, J.

               = = = = = = = = = = = = =
               R.P. No.   1079   OF 2007

                          IN

               W.P.(C) No. 27302 OF 2007
               = = = = = = = = = = = = =

           Dated this the 13th November, 2007

                       O R D E R

W.P.(C) No. 27302 of 2007 was disposed of by

judgment dated 24-9-2007 recording, inter alia, the

submission of the learned Govt. Pleader that the

expenditure for the removal of weeds and algae would be

met from the common fund of the Padasekharam Committee.

It is the above submission that has led to this Review

Petition. The said submission was made by the learned

Govt. Pleader on the basis of the decision of the

Puncha Special Officer taken on 22-9-2007. It is now

submitted by the review petitioner that against the

said decision an appeal was filed to the District

Collector in terms of Section 7 of the Kerala

Irrigation Works (Execution by Joint Labour) Act, 1967

and that the District Collector who heard the parties,

has now passed order dated 29-10-2007 remanding the

RP No.1079/07 in WPC No.27302/07

-2-

matter back to the Puncha Special Officer for

reconsideration. It is also stated that the Review

Petitioner as well as writ petitioners were heard

before passing the said order.

2. Therefore the issue of removal of weeds and

algae and cost for the removal of the same are now

before the Puncha Special Officer on being remanded by

the District Collector. In view of this development

the direction in the judgment needs to be modified. I

dispose of this Review Petition directing that the

Puncha Special Officer shall decide the matter pursuant

to the remandas expeditiously as possible, at any rate

within two weeks of receipt of a copy of this order.

Depending upon the decision to be taken, the issue as

to who has to bear the expenditure for the removal of

weeds and algae will also be decided by the Puncha

Special Officer.

ANTONY DOMINIC
JUDGE
jan/-