This petition dealt with the accumulation of floating weeds in the petitioner's paddy land farmed by the second respondent. The court directed the first respondent to act on the petitioner's representation within two weeks.
Direction to the first respondent to take appropriate action on the petitioner's representation within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 21123 OF 2021
PETITIONER/S:
THANKACHAN M.V., AGED 60 YEARS, S/O.THOMAS VARKEY, MAMBARAMBIL HOUSE, KUTTANAD TALUK, EDATHWA VILLAGE, KODUPUNNA P.O., ALAPPUZHA.
BY ADVS. RAJESH VIJAYAN SIKHA S.NAIR
RESPONDENTS:
1 PUNCHA SPECIAL OFFICER, PUNCHA SPECIAL OFFICE, KIDANGAMPARAMP, THATHAMPALLY, ALAPPUZHA, KERALA - 688 013.
2 IDAKKARUKA NAALUNALPATH PADASEKHARA NELLULPATHAKA SAMITHY, THAYANKARI, REPRESENTED BY ITS SECRETARY, MOHANAN PILLAI, THOTTUKADAVIL, MADHAVAMANDIRAM, THAYANKARI P.O., KANDANKARI, ALAPPUZHA, PIN - 689 573.
3 CONVENOR, IDAKKARUKA NAALUNALPATH PADASEKHARA NELLULPATHAKA SAMITHY, THAYANKARI, ALAPPUZHA, PIN - 689 573.
W.P.(C) No.21123 of 2021
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4 AGRICULTURAL OFFICER, KRISHI BHAVAN, CHAMBAKKULAM, KUTTANAD, ALAPPUZHA, PIN - 688 505.
BY SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21123 of 2021
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W.P.(C)No.21123 of 2021
J U D G M E N T
Petitioner owns a paddy land. The paddy land of the petitioner is part of a padasekharam, the cultivation of which is carried on by the second respondent. It is stated that having regard to the location of the paddy land of the petitioner, the floating weeds in the entire padasekharam get accumulated in the paddy land of the petitioner. The case of the petitioner is that it is the responsibility of the second respondent to remove the floating weeds in the paddy land of the petitioner before cultivation begins every year. Since the second respondent has not removed the floating weeds, the petitioner preferred Ext.P2
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representation before the first respondent. It is alleged by the petitioner that Ext.P2 is not being considered. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the first respondent to take appropriate action on Ext.P2 representation, within two weeks from today. Ordered accordingly. The petitioner shall produce a copy of this judgment for compliance before the first respondent.
Sd/-
P.B.SURESH KUMAR, JUDGE
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W.P.(C) No.21123 of 2021
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APPENDIX OF WP(C) 21123/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ACCUMULATION OF FLOATING WEEDS. Exhibit P2 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
1 issue framed by the court
Whether the Special Officer should act on the petitioner's representation regarding the removal of floating weeds in paddy land.
Thankachan M.V.
Puncha Special Officer
Idakkaruka Naalunalpath Padasekhara Nellulpathaka Samithy
Agricultural Officer
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
