IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 24510 of 2009(G) -------------------------- PETITIONER: --------------- K.VIJAYAN, AGED 59 YEARS, S/O.KUNJUNNI, SREEJA NIVAS, EZHUMATHURUTHU P.O., MUNDAR, KALLARA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE PUNJA SPECIAL OFFICER, KOTTAYAM. 3. THE CONVENER, MATHAMKARI PADASEKHARAM, MUTTUCHIRA, VAIKOM, KOTTAYAM. 4. THE PRESIDENT, NELLULPADAKA SAMATHY, MATHAMKARI PADASEKHARAM, MUTTUCHIRA, VAIKOM, KOTTAYAM. GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24510 of 2009(G) PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION DATED 30.10.2007 EXT.P2 : COPY OF THE NOTICE DATED 16.9.2008 //TRUE COPY// PA TO JUDGE P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.24510 of 2009 -G ------------------------------ Dated this the 12th day of January, 2010. J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “i) Issue a writ of mandamus or any other writ or direction directing respondents 1 and 2 to recover the defaulted dewatering charges (nerma amount) legally due to the petitioner for Mathamkari Padasekharam, Muttuchira, for the 1176, 1177, 1178, 1179, 1180, 1181, 1182 ME from the defaulting proprietors/cultivators of the above padasekharam under the Revenue Recovery Act immediately within a time frame to be fixed by this Hon'ble Court and to disburse the same to the petitioner immediately. ii) Grant such other reliefs, as this Hon'ble Court may deem just and proper in the interest of justice, including costs. “ 2. Considering the nature of the reliefs sought for, it was necessary to hear the 3rd and 4th respondents besides the learned Government Pleader, who entered appearance on behalf of respondents 1 and 2. In the said circumstances, though notice was W.P(C) No.24510 of 2009 -G 2 ordered to respondents 3 and 4 and the same has been duly served, there is no representation from their side, which means that the said respondents have absolutely no objection whatsoever in granting the reliefs prayed for. In the above facts and circumstances, the second respondent is directed to consider the matter and to take appropriate steps to recover the defaulted amounts legally due to the petitioner in respect of the cultivation in question from the defaulting proprietors/cultivators of the concerned padasekharam, invoking the relevant provisions under the Revenue Recovery Act, of course, in accordance with law. Necessary steps shall be pursued as above, as expeditiously as possible and at any rate within a period of 4 months from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. Sd/- P.R. RAMACHANDRA MENON, JUDGE //True Copy// P.A TO JUDGE ab