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