IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18952 of 2011(T) -------------------------------------- PETITIONER: ------------------- P.R.RAJU PATHUPANKIL, KUMARAKAM POST, KOTTAYAM, SECRETARY, PATHUPANKU KAYAL NELLULPADAKA SAMITHI, REG NO.K.234/91 KUMARAKOM POST, KOTTAYAM. BY ADVS. SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY. RESPONDENTS: ------------------------ 1. THE PRINCIPAL AGRICULTURAL JOINT DIRECTOR,KOTTAYAM- 686 001. 2. T.K.SASIDHARAN, THOTTUPURAM VEEDU KUMARAKAM POST,KOTTAYAM-686 563. 3. RAJAN BABU, ARUN NIYAL KUMARAKAM POST,KOTTAYAM-686 563. 4. KURIAN KURIAN, PARAPPEL VEEDU, THIRUVARPPU POST,KOTTAYAM-686 033. 5. ANEESH, THAITHARA VEEDU, KUMARAKAM POST, KOTTAYAM-686 563. 6. ANIRUDHAN, PARATHARA VEEDU KUMARAKAM POST,KOTTAYAM-686 563. 7. SABU, KOKKOTH VEEDU KUMARAKAM POST,KOTTAYAM-686 563. 8. KRISHI OFFICER, KRISHI BHAVAN KUMARAKAM ,KOTTAYAM-686 563. W.P.(C). NO.18952/2011-T: 9. KRISHI OFFICER, KRISHI BHAVAN THIRUVARPPU- 686 033. R1, R8 & R9 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18952/2011-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE PUNJA SPECIAL OFFICER, KOTTAYAM, DTD. 05/06/2010. EXT.P.2: COPY OF THE PETITION DTD. 01/06/2010 SUBMITTED BY THE R.2. EXT.P.3: COPY OF THE ORDER DTD. 10/02/2011 OF THE ADDL. DISTRICT MAGISTRATE, KOTTAYAM. EXT.P.4: COPY OF THE REPRESENTATION DTD. 25/06/2011 BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18952 OF 2011 ----------------------------------------------------- Dated this the 13th day of July, 2011 J U D G M E N T Petitioner submits that as per Ext.P1 proceedings of Punja Special Officer, Kottayam, respondents 2 to 7 were required to collect an amount of Rs.1,99,647/- from the cultivators of the M.N. Block padesekharam to be paid to the petitioner. Though an appeal was filed against the said order, the Additional District Magistrate confirmed Ext.P1 by Ext.P3. In spite of it, payment has not been made so far. Petitioner has now made Ext.P4 application before the first respondent stating that an amount of Rs.2,05,697/- together with interest, should be recovered and paid from out of the amounts payable to respondents 2 to 7. Orders have not been passed on Ext.P4 so far and that led the petitioner to file this writ petition. W.P.(C) No. 18952 OF 2011 :2 : 2. In this writ petition, although the petitioner asserts that he is entitled to have the amount recovered by the first respondent, I do not think it necessary to decide the issue now. In my view this is primarily an issue which is to be considered by the first respondent. In that view of the matter I dispose of this writ petition, with a direction that the first respondent will consider Ext.P4 with notice to respondents 2 to 7 and an order thereon will be passed. This shall be done within four weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the first respondent for compliance. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge