IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 17665 of 2009(C) -------------------------- 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, PUTHUPPALLY VADAKKU PADASEKHARAM, KALLARA. 4. THE PUTHUPPALLY VADAKKU PADASEKHARA, NELLULPADAKA SAMATHY, REPRESENTED BY ITS PRESIDENT, PUTHUPPALLY VADAKKU PADASEKHARAM, KALLARA. BY GOVERNMENT PLEADER ADV. MR. P.K. BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER FOR 1176 ME VARSHA CULTIVATION OF THE PUTHUPPALLY VADAKKU PADASEKHARAM. EXT.P2 : TRUE COPY OF THE PETITION DATED 10.07.2006 EXT.P3 : TRUE COPY OF THE PETITION DATED 03.05.2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE NOTICE ISSUED TO RAGHAVAN ONE OF THE DEFAULTED PROPRIETOR. EXT.P5 : TRUE COPY OF THE NOTICE UNDER SECTION 7 ISSUED TO VILLAGE OFFICER, KALLARA /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.17665 OF 2009 ......................................................................... Dated this the 28 th July, 2009 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 nerma amount legally due to the petitioner for 1176, 1177, 1178 ME Varsha cultivation of the Puthuppally Vadakku Padasekharam 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.17665 OF 2009 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. P.R. RAMACHANDRA MENON, JUDGE. lk