IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24510 of 2009(G)
1. K.VIJAYAN, AGED 59 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE PUNJA SPECIAL OFFICER,
3. THE CONVENER,
4. THE PRESIDENT,
For Petitioner :SRI.M.J.THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :12/01/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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W.P(C) No.24510 of 2009 -G
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Dated this the 12th day of January, 2010.
J U D G M E N T
The petitioner has approached this Court seeking for the
following reliefs:
“i) Issue a writ of mandamus or any other writ or
direction directing respondents 1 and 2 to recover
the defaulted dewatering charges (nerma amount)
legally due to the petitioner for Mathamkari
Padasekharam, Muttuchira, for the 1176, 1177,
1178, 1179, 1180, 1181, 1182 ME from the
defaulting proprietors/cultivators of the above
padasekharam under the Revenue Recovery Act
immediately within a time frame to be fixed by this
Hon’ble Court and to disburse the same to the
petitioner immediately.
ii) Grant such other reliefs, as this Hon’ble Court
may deem just and proper in the interest of justice,
including costs. “
2. Considering the nature of the reliefs sought for, it was
necessary to hear the 3rd and 4th respondents besides the learned
Government Pleader, who entered appearance on behalf of
respondents 1 and 2. In the said circumstances, though notice was
W.P(C) No.24510 of 2009 -G 2
ordered to respondents 3 and 4 and the same has been duly served,
there is no representation from their side, which means that the said
respondents have absolutely no objection whatsoever in granting the
reliefs prayed for.
In the above facts and circumstances, the second respondent is
directed to consider the matter and to take appropriate steps to
recover the defaulted amounts legally due to the petitioner in respect
of the cultivation in question from the defaulting proprietors/cultivators
of the concerned padasekharam, invoking the relevant provisions
under the Revenue Recovery Act, of course, in accordance with law.
Necessary steps shall be pursued as above, as expeditiously as
possible and at any rate within a period of 4 months from the date of
receipt of a copy of the judgment.
The Writ Petition is disposed of as above.
Sd/-
P.R. RAMACHANDRA MENON,
JUDGE
//True Copy//
P.A TO JUDGE
ab