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2003 DIGILAW 222 (KER)

Kodannur Lift Irrigation Karshaka Samithy v. State of Kerala

2003-03-24

M.R.HARIHARAN NAIR

body2003
Judgment :- Heard the learned counsel for the petitioners and the learned Government Pleader representing respondents 1, 2 and 5 and the Standing Counsel representing respondents 3 and 4. 2. The claim in the Original Petition relates to free electric supply for the Lift Irrigation Project from which the petitioners Society deserves benefits. When this matter came up earlier in another batch of petition, Ext.P8 judgment was delivered. Taking note of the fact that the petitioner therein could not produce any orders which enables extension of the benefits allotted to individual farmers for free electric supply, to societies also, it was directed in Ext.P8 judgment that the petitioners should approach the Government for extension of the benefits granted to the individual farmers to the Societies also. An interim stay to cover the period necessary for getting Government Orders was allowed for a period of three weeks, which I am told, expires tomorrow. In the meantime in due compliance with the directions in Ext.P8, the petitioners have filed Exts.P10 and P11 representations before the 1st and 2nd respondents and they are pending. Petitioners also produced Ext.P9 communication from the Director of Agriculture addressed to the Subordinate Officials wherein there is a mention that as per ordered dated 06.02.1999 (No.4970/PA3/99) directions had been issued extending the benefit allowed to individual farmers to the Societies like the petitioners and also for Lift Irrigation Projects and other social irrigation projects. Now the prayer is that Exts.P10 and P11 might be directed to be disposed of within a time frame and with notice to the petitioners and in the meantime disconnection of electric supply to the petitioners might not be effected. 3. There cannot be any objection to the disposal of Exts.P10 and P11 within a reasonable time. During summer period withdrawal of electric supply to the petitioners might result in damage to the crops and it is necessary that their interests are protected for public good itself. 4. In the circumstances, I close the Original Petition with a direction to the respondents 1 and 2 to consider and dispose of Exts.P10 and P11 representations within a period of two months from the date on which a copy of this judgment is produced before them. 4. In the circumstances, I close the Original Petition with a direction to the respondents 1 and 2 to consider and dispose of Exts.P10 and P11 representations within a period of two months from the date on which a copy of this judgment is produced before them. While doing so, the said respondent will also take into consideration the direction issued by the Director of Agriculture, referred to in Ext.P9 communication and also afford an opportunity to the petitioners to be heard. Pending disposal of Exts.P10 and P11 as above, steps for disconnection of electricity of the petitioners will stand stayed. Petitioners shall be bound to provide respondents one and two with a copy of this Original Petition as also all the exhibits referred therein. This will be done within a period of one week from today.