Disposed

M.M.Paulose v. the Punja Special Officer

Kerala HC18 Jan 2012OP/20857/2002

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking to quash orders passed by the second respondent Forum. The Court directed the fourth respondent to file a statement identifying defaulters within one month and the first respondent to comply with the prior order within three months before disposing of the petition.

What did the court decide?

Direction to fourth respondent to file return of defaulters; direction to first respondent to comply with order.

M.M.Paulose Vs the Punja Special Officer — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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WEDNESDAY, THE 18TH DAY OF JANUARY 2012/28TH POUSHA 1933

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OP.No. 20857 of 2002 (G)

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PETITIONER(S):

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M.M.PAULOSE, MANNARETH HOUSE, (SOBHA NIVAS),ANAPARAMBAL NORTH P.O., THALAVADY, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.D.SREEKUMAR SRI.GEORGR VARGHESE KANNATHANAM

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RESPONDENT(S):

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1. THE PUNJA SPECIAL OFFICER, OFFICE OF THE PUNJA SPECIAL OFFICER, ALAPPUZHA.

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2. THE DISTIRCT COLLECTOR, COLLECTORATE, ALAPPUZHA.

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3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM.

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4. P.M.SANTHAN, CONVENOR OF THE "ANAKIDAVIRUTHY-CHOMADY PADASEGHARAM" PUTHENPARAMBIL HOUSE, ANAPARAMBIL NORTH P.O THALAVADY, ALAPPUZHA DISTRICT.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN R4 BY ADV.SRI.M.V.MATHEW

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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O.P.NO.20857/2001 G

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE AGREEMENT ENTERED INTO BY THE PETITIONER AND THE 4TH RESPONDENT AND ACCEPTED BY THE 1ST RESPONDENT.

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P2: COPY OF NOTICE DTD. 3/2/1996 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.

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P3: COPY OF REPRESENTATION DTD. 17/02/2001 EXCEPT THE DOCUMENTS APPENDED THEREWITH SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT.

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P4: COPY OF JUDGMENT DTD. 27/07/2001 IN O.P.NO.22078/2001-C PASSED BY THIS HON'BLE COURT.

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P5: COPY OF REPRESENTATION DTD. 19/09/2001 EXCEPT THE DOCUMENTS APPENDED THEREWITH SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT WITH COPY TO THE 2ND RESPONDENT.

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P6: COPY OF LETTER NO.A4.12/98 DTD. 17TH OCT.2001 ADDRESSED TO THE 4TH RESPONDENT WITH COPY TO THE PETITIONER.

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P7: COPY OF PROCEEDINGS NO.M1-43868/96 DTD. 16/09/1998 OF THE 2ND RESPONDENT DIST.COLLECTOR.

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P8: COPY OF PROCEEDINGS NO.A4/2664/95 DTD. 15/06/1996 OF THE 1ST RESPONDENT.

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P9: COPY OF BILL DTD. 6/11/1995 FOR AN AMOUNT OF RS.25,010/- SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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P10: COPY OF BILL DTD. 4/12/1995 FOR AN AMOUNT OF RS.9,460/- SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

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P11: COPY OF APPLICATION DTD. 3/2/96 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT PUNJA SPECIAL OFFICER.

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P12: COPY OF REPRESENTATION DTD. 1/12/1995 ISSUED TO THE 1ST RESPONDENT.

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P13: COPY OF CERTIFICATE DTD. 21/12/1998 ISSUED FROM THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THALAVADY.

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RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

B.P. Ray, J.

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O.P.No.20857/2002

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Dated this the 18^th day of January, 2012.

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JUDGMENT

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Learned counsel for the petitioners has filed this writ petition with

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the following prayers:

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“i) issue a writ of certiorari or other appropriate writ, direction or order quashing Exts.P2 and P4 orders of the second respondent Forum; and

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b) issue such other reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.”

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Learned counsel for the fourth respondent states that even though Ext.P4 order was passed as back as 1.7.2011, it has not been complied with by the petitioners. The first respondent has appeared in person and she states that the first respondent is willing to comply with the order, Ext.P4, within three months from today. The fourth

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respondent is directed to file a statement within one month disclosing

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the names and addresses of the persons who have defaulted payment

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O.P.No.20857/2002 -:2:-

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in pursuance to the direction of the Forum. In that event, the first respondent can proceed to realize the same along with interest, in accordance with law.

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Writ petition is disposed of as above.

B.P. Ray, Judge.

sl.

O.P.No.20857/2002

-:3:-

B.P. Ray, J.

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O.P.No.20857/2002

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JUDGMENT

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Dated this the 18th day of January, 2012.

M.M.Paulose v. the Punja Special Officer

Case brief

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M.M.Paulose v. the Punja Special Officer

Case brief

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