K.Vijayan vs The District Collector on 17 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17504 of 2009(G)


1. K.VIJAYAN, AGED 59 YEARS, S/O.KUNJUNNI,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, KOTTAYAM.
                       ...       Respondent

2. THE PUNJA SPECIAL OFFICER, KOTTAYAM.

3. THE CONVENER, MANNAR THEKKUMPURAM

4. THE MANNAR THEKKUMPURAM PADASEKHARA

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  :SRI.JOSE JOSEPH (MANNAR)

The Hon'ble MR. Justice V.GIRI

 Dated :17/08/2009

 O R D E R
                            V.GIRI, J.
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                  W.P.(C). No. 17504 OF 2009
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            Dated this the 17th day of August 2009.


                           JUDGMENT

Petitioner was a pumping contractor for dewatering the

Mannar Thekkumpuram Padasekharam for the year 1181 ME.

Dewatering charge was fixed as Rs.125/- per acre. There was a

dispute as to whether the petitioner had deployed an additional

20 HP motor over and above the 50 HP motor for dewatering the

padasekharam in time. That the petitioner did the dewatering

was accepted by the second respondent Punja Special Officer as

evidenced by Ext.P2 which was upheld by the District Collector

by Ext.P3. The present grievance of the petitioner relates to

inconvience on the part of respondents 1 and 2 to recover the

dewatering charges from the defaulting farmers and make over

the same to the petitioner.

2. The respondents 3 and 4 have filed a counter affidavit

contending that only 71 farmers defaulted payment and 185

farmers have paid the arrears. They prayed that recovery may

confined to the 71 farmers who are in arrears to the Samithi.

Reply affidavit has been filed by the petitioner.

W.P.(C). No. 17504 OF 2009
2

3. I heard Counsel on both sides. Since Ext.P2 and P3 has

become final, the petitioner is entitled to the Nerma charges

relatable to the extent of padasekharam dewatered at his

instance. The second respondent shall take adequate steps to

see that the dewatering charges are collected from those

farmers who hae not paid so far, resort to the provisions of the

Irrigation Works (Execution by Joint Labour) Act. The

proceedings shall be completed within 3 months from the date of

receipt of a copy of this judgment and the recovered amount

shall be paid to the petitioner. It is made clear that, if any

interest is due to the petitioner for belated payment, they shall

also be recovered and paid over to him.

(V.GIRI)
JUDGE

kkms/