The High Court of Kerala disposed of a writ petition regarding payment of paddy costs under Vachozhivu Adharam. The court recorded that the payable amount was already paid to the petitioner on 29.07.2022 based on a previous order.
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 ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944
W.P.(C)NO.13416OF 2022
PETITIONER:
1 JATHAVEDAN NAMBOOTHIRI, PANDAL VYDIKAN, PANDAL MANA, RAPPAL,PUTHUKKAD P.O., THRISSUR – 680 301
BY ADVS.
M.P.ASHOK KUMAR
ASIF N
BINDU SREEDHAR
RESPONDENTS:
1 COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, DEVASWOM BOARD BUILDING, THRISSUR – 680 001.
2 SPECILA DEVASWOM COMMISSIONER, THIRUVILWAMALA, NENMARA DIVISON, THIRUVILWAMALA, THALAPPILLY, THRISSUR - 680 683
BY ADV K.P.SUDHEER ADVOCATE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the senior most male member of Panthal Mana of Irinjalakkuda has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dated 09.12.2020 of the 2nd respondent Special Devaswom Commissioner. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Cochin Devaswom Board to honour the terms of Vachozhivu Adharam, strictly in the deterrence sprit, and direct
the respondents to deliver paddy or to pay its cost in two ‘six monthly instalments’ as contained in the Vachozhivu Adharam; an order directing the 1st respondent Board to consider and pass appropriate orders on Ext.P4 representation dated 12.04.2021 made by the petitioner; and an order directing the 1st respondent Board to refix the cost of paddy at the present market rate, if the Board is unable to deliver paddy to the petitioner as per the surrender deed.
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respondent. Paragraphs 3 to 7 of that counter affidavit read thus;
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Ext.R1(A). In terms of the directions contained in Ext.R1(A), Order No. M4.17986/11 dated 19.10.2013 was issued the 1st respondent. In this regard, true copy of Order No. M4.17986/11 dated 19.10.2013 issued by the 1st respondent is produced herewith and marked as Ext.R1(B). Challenging Ext.R1(B) order, the petitioner approached this Hon’ble Court by filing W.P.(C)No.28983 of 2013 and this Hon’ble Court by Ext.P1 judgment dated 22.07.2015, directed the 1st respondent to reconsider the matter and take a decision de novo and communicate the decision to the petitioner within a period of three months. In terms of the directions contained in Ext.P1 judgment, the Board issued Order No.M4 17986/11 dated 04.02.2016, whereby the 1st respondent has decided to give paddy instead of the amount of penalty to the petitioner. In view of the scarcity of paddy, the Board was constrained to issue Order No.M4 17986/11 dated 27.08.2016 whereby the 1st respondent refixed the rate of paddy at Rs.75 per para. In this regard true copy of order No.M4 17986/11 dated 27.08.2016 issued by the 1st respondent is produced herewith and marked as Ext.R1(C).
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dated 26.10.2017 issued by the 1st respondent is produced herewith and marked as Ext.R1(D). By Ext.P2 judgment this Hon'ble Court disposed of the writ petition directing the 1st respondent to give effect to Ext.R1(D) order dated 26.10.2017 by effecting disbursement of the amount due to the petitioner within one month from the date of receipt of copy of the judgment. The petitioner again filed W.P.(C)No.31489 of 2019 and by judgment dated 17.12.2019 this Hon’ble Court directed the 1st respondent to effect the payment within a period of two weeks. Pursuant to the said judgment, an amount of Rs.22,650/- was paid to the petitioner on 20.12.2019. Thereafter, a further the sum of Rs.22,800/- was paid to the petitioner on 19.05.2020 and another amount of Rs.9450/- was paid to the petitioner on 04.08.2020. In this regard, true copy of the receipt dated 20.12.2019 issued by the petitioner on receipt of Rs.22,650/- is produced herewith and marked as Ext.R1(E). True copy of the receipt dated 19.05.2020 issued by the petitioner on receipt of Rs.22,800/- is produced herewith and marked as Ext.R1(F). True copy of the receipt dated 04.08.2020 issued by the petitioner on receipt of Rs.9450/- is produced herewith and marked as Ext.R1(G).
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Group issued a communication as reference No.A1365/2021 dated 02.12.2021 to the 2nd respondent. In this regard, true copy of the communication reference No.A1-365/2021 dated 02.12.2021 issued by the Devaswom Assistant Commissioner, Thiruvilwamala group to the 2nd respondent is produced herewith and marked as Ext.R1(H). On receipt of Ext.R1(H) letter, an official memorandum No. M417986/2011 dated 24.01.2022 was issued by the 1st respondent. In this regard, true copy of the official memorandum No.M4 17986/2011 dated 24.01.2022 issued by the 1st respondent is produced herewith and marked as Ext.R1(I). Since the request to the petitioner for revising the rate of paddy was pending consideration, the amount due from 04.08.2020 was not paid to the petitioner. Further due to the restrictions imposed due to Covid-19 pandemic, the amount could not be paid during 2021.
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petitioner also will be paid the amount in terms of such enhancement. In this regard, true copy of Order No. M4-17986/11 dated 13.07.2022 issued by the 2nd respondent is produced herewith and marked as Ext.R1(J).”
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Based on the aforesaid submissions made by the learned counsel on both sides, this writ petition is disposed of, recording the fact that, based on Ext.P4 representation dated 12.04.2021 made by the petitioner, the 2nd respondent Special Devaswom Commissioner has issued Ext.R1(j) order, based on
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which the amount payable to the petitioner towards price of paddy (excluding 1197ME Karkidakam) has already been paid
on 29.07.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
W.P.(C)No. 13416 of 2022
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APPENDIX OF WP(C)NO.13416/2022
PETITIONER’S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN
W.P.(C)NO.28983 OF 2013 PASSED BY THE
HON’BLE HIGH COURT OF KERALA
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN
W.P.(C)NO.30495 OF 2017 DATED
13.11.2017 PASSED BY THE HON’BLE HIGH
COURT OF KERALA
EXHIBIT P3 TURE COPY OF THE ORDER NO.M4.17986 OF
2011 DATED 09.12.2020
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
12.04.2021 FILED BY THE PETITINER
BEFORE THE RESPONDENTS.
RESPONDENTS’ EXHIBITS:
EXHIBIT R1 A TRUE COPY OF ORDER NO.M4.17986/11
DATED 15/06/2013 ISSUED BY THE FIRST
RESPONDENT.
EXHIBIT R1 B TRUE COPY OF ORDER NO.M4 - 17986/11
DATED 19/10/2013 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT R1 C TRUE COPY OF ORDER NO. M4 17986/11
DATED 27/08/16 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT R1 D TRUE COPY OF ORDER NO.M4 17986/2011
DATED 26.10.2017 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT R1 E TRUE COPY OF RECEIPT DATED 20.12.2019
ISSUED BY THE PETITIONER ON RECEIPT OF
THE PAYMENT.
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EXHIBIT R1 F TRUE COPY RECEIPT DATED 19.5.2020
ISSUED BY THE PETITIONER ON RECEIPT OF
THE PAYMENT
EXHIBIT R1 G TRUE COPY OF RECEIPT DATED 04.08.2020
ISSUED BY THE PETITIONER ON RECEIPT OF
THE AFOREMENTIONED PAYMENT.
EXHIBIT R1 H TRUE COPY OF COMMUNICATION REFERENCE
NO. A1 - 365/2021 DATED 02/12/2021
ISSUED BY THE DEVASWOM ASSISTANT
COMMISSIONER, THIRUVILWAMALA GROUP TO
THE 2ND RESPONDENT.
EXHIBIT R1 (I) TRUE COPY OF OFFICIAL MEMORANDUM NO.
M4 17986/2011 DATED 24/01/2022 ISSUED
BY THE FIRST RESPONDENT.
EXHIBIT R1 J TRUE COPY OF ORDER NO M4-17986/11
DATED 13.7.2022 ISSUED BY THE 2ND
RESPONDENT
Jathavedan Namboothiri
Cochin Devaswom Board
Special Devaswom Commissioner
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court