IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 27397 of 2008(J) -------------------------------------- PETITIONER(S): ----------------------- P.K. SIVARAMAN PARACHUTTIYIL HOUSE KADAPRA MANNAR PO., TIRUVALLA. BY ADV. MR.BABU CHERUKARA RESPONDENT(S): ------------------------- 1. AGRICULTURAL OFFICER, KRISHI BHAVAN KADAPRA, MANNAR PO., TIRUVALLA. 2. PRESIDENT, KADAPRA GRAMA PANCHAYATH KADAPRA, MANNAR, NIRANAM PO., 3. DEPUTY DIRECTOR OF PANCHAYAT, PANCHAYAT DEPUTY DIRECTOR OFFICE PATHANAMTHITTA. 4. PRINCIPAL AGRICULTURAL OFFICER PRINCIPAL AGRICULTURAL OFFICE, MINI CIVIL STATION, PATHANAMTHITTA. 5. DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. R1, R3 TO R5 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27397/2008-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TAX RECEIPT DATED 29/06/2008 IN THE NAME OF THE PETITIONER. EXT.P2: COPY OF THE PATTACHIT DATED 08/08/2008. EXT.P3: COPY OF THE NOTICE DATED NIL. EXT.P4: COPY OF THE ADVOCATE NOTICE DATED 18/08/2008. EXT.P5: COPY OF THE NOTICE DATED 04/09/2008. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE GUIDELINES BY THE DIRECTOR OF AGRICULTURE. EXT.R1(b): COPY OF THE MINUTES OF THE MEETING. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27397 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT 1.The petitioner states that he is an agriculturist. He seeks relief by way of directions to the 5th respondent District Collector to enquire into the steps taken for the utilisation of Government fund for preparation of uncultivated paddy field in Kadapra grama panchayat and till such date, not to release the funds. 2.The petitioner would plead that the Central and the State Governments' assistance have to go to the padasekharams through the agricultural officers and the padasekaharam committees. He says that the padasekhara samithi in question has two office bearers, one Mr.Suresh and one Mr.Pal Alex Chalakuzhy, who are nominees of the second respondent, president of the grama panchayat. Apart from stating that they belong to a particular political arty, there is no allegation WPC.27397/08 2 against them which could be taken cognisance of by the writ court or by any authority. Not only that, those persons are not parties to this writ petition. 3.Be that as it may, the agricultural officer against whom no allegations of malafides or malice is made specifically in terms of law, has placed a counter affidavit on record on 18.11.2008. The said counter affidavit dated 12.11.2008 vividly states different aspects in relation to the issue. It also denounces the contention built up by the petitioner on the basis of Ext.P3. It is specifically stated by the agricultural officer that what is produced by the petitioner as Ext.P3 was a printed one and was later corrected before circulation. What is specifically stated in paragraph 4 of the counter affidavit of the agricultural officer is not controverted by the petitioner, even by now, as on 5.2.2010. Not only that, the agricultural officer has placed on record Ext.R1(b), the minutes of the meeting, as WPC.27397/08 3 also Ext.R1(a), detailed guidelines which are being operationalised in the area. Having regard to the specific uncontroverted contentions in the counter affidavit that the petitioner had not raised any complaint before any official respondents regarding the election of the president and the secretary of the padasekhara samithi and that the farmers who are genuinely interested in the specific project had selected the president and secretary through valid legal process, I do not find any legal ground to have interference in writ jurisdiction. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.