JUDGMENT : S.Manikumar, J. Before the Lok Ayukta, respondent No.4 made Complaint No.1279/2012, by which, the following allegations have been made: “I am an agriculturist under the Vellani Kole Pada Karshaka Sangham bearing Registration No.275/93, P.O. Karanchira, Thrissur-680 702. I have got paddy land in my name and in the name of my wife extending to about 9 acres. The other agriculturists in the same paddy lands have got about 30 acres of paddy cultivation. All this was lost in the floods of 2010. 2. Prior to the actual cultivation, complainant and his wife on 20.01.10 as per receipt bearing No.53, Ext.P1, receipt No.54, Ext.P2 in total an amount of Rs.2628/- was remitted to the Vellani Kole Pada Karshaka Sangham. Only if this amount is remitted can one have the paddy cultivation. I had informed the President of the Karshaka Sangham that because of the water in the property on account of the flood, cultivation is getting destroyed and that water has to be drained out and the complaint was lodged on 25.03.2010. But based on Ext. P3, no steps were taken on behalf of the Sangham. ..” 2. Though the complainant had given several representations before various authorities, no reply was given. 3. Having regard to the nature of allegations made in Complaint No.1279/2012, the Lok Ayukta directed an enquiry. After conducting an enquiry and examining several witnesses, the Superintendent of Police (Additional Charge), Investigation Agency, Thiruvananthapuram, Kerala Lok Ayukta, submitted a report dated 26.07.2013 to the Kerala Lok Ayukta with the following recommendations: “The report was given to the 4th respondent on the basis of the investigation which was not conducted honestly by the 1st and 2nd respondents, on the complaint given by the complainant to the 4th respondent. Hence, disciplinary action shall be initiated against the 1st and 2nd respondents. Since the complainant has incurred a loss of Rs.1,36,200/-(One Lakh Thirty Six Thousand and Two Hundred) during the cultivation carried out in 2010, that has happened due to the act of negligence of the 3rd respondent, it is requested to direct the 4th respondent that this loss shall be recovered from the 3rd respondent.” 4. Secretary, Vellani Kolepada Karshaka Sangham Padasekhara Samithi, has filed a reply affidavit to the said complaint. 5. Secretary, Vellani Kolepada Karshaka Sangham Padasekhara Samithi, has filed a reply affidavit to the said complaint. 5. On 26.07.2016, the Kerala Lok Ayukta has passed the following order: “The Investigation Agency has submitted a report under which it has been found that on account of maladministration on the part of the 3rd respondent Secretary, Vellani Kolppada Karshaka Sangham, the complainant has sustained a loss of Rs.1,36,200/-. The report also recommends that the 4th respondent should be directed to recover the amount from the 3rd respondent and to facilitate payment of the same to the complainant. We find that no objection whatsoever has been filed to this report by the 3rd respondent Society. Significantly, the 3rd respondent has not filed any defence statement at all to the complaint. Under these circumstances, we find every justification passing the following interim order. The 3rd respondent is directed to pay a sum of Rs.50,000/-towards the complainant's claims for compensation against 3rd respondent on the basis of the report submitted by the Investigation Agency. The 4th respondent is directed to ensure that the 3rd respondent makes the payment.” 6. Being aggrieved, instant writ petition is filed on the grounds inter alia that the Lok Ayukta has no jurisdiction to entertain a complaint against Vellani Kolepada Karshaka Sangham Padasekhara Samithi represented by the Secretary/writ petitioner. In support of the above contention, Mr.Rinu S. Aswan, learned counsel for the petitioner submitted that the petitioner would not fall under section 2(o) which defines who is a public servant under the Kerala Lok Ayukta Act, 1999. 7. Learned counsel for the petitioner further submitted that the impugned order of the Lok Ayukta in Complaint No.1279/2012 dated 26.07.2016 is liable to be set aside for yet another reason of violation of principles of natural justice, in not furnishing the copy of the report of investigation. 8. 7. Learned counsel for the petitioner further submitted that the impugned order of the Lok Ayukta in Complaint No.1279/2012 dated 26.07.2016 is liable to be set aside for yet another reason of violation of principles of natural justice, in not furnishing the copy of the report of investigation. 8. Per contra, by inviting the attention of this court to the definition of a public servant under the Kerala Lok Ayukta Act, 1999, in particular, clause 2(o)(vi); constitution of the Padasekharam; the Kerala Irrigation and Water Conservation Rules, 2005 and functions of the Executive Committee and that of the Secretary, Mr.K.P. Harish, learned Senior Government Pleader submitted that Padasekhara Samithi is a committee constituted in exercise of statutory powers, in particular, section 32 of the Kerala Irrigation and Water Conservation Act 2003 and, therefore, the writ petitioner Samithi will come under the purview of the definition ‘public servant’ under the Kerala Lok Ayukta Act, 1999. 9. In this context, he drew the attention of this court to section 2(o)(vi) of the Kerala Lok Ayukta Act, 1999 and rule 15 of the Kerala Irrigation and Water Conservation Rules, 2005. Based on the above statutory provisions, he submitted that petitioner Samithi/Padasekharam is a committee statutorily constituted and, therefore, the Kerala Lok Ayukta has jurisdiction to entertain a complaint in respect of maladministration. 10. Heard learned counsel for the parties and perused the material available on record. 11. As per section 2(a) of the Kerala Lok Ayukta Act, 1999, ‘action’ means any action including administrative action taken by way of decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly; 12. As per section 2(h) of the said Act, ‘grievance’ means a claim by a person that he sustained injustice or undue hardship in consequence of maladministration. 13. Section 2(k) of the Kerala Lok Ayukta Act, 1999 defines ‘maladministration’ as follows: “(k) “maladministration” means action taken or purporting to have been taken in the exercise of administrative functions in any case where,- (i) such action or the administrative procedure or practice adopted in such action is unreasonable, unjust, oppressive or improperly discriminatory; or (ii) there has been willful negligence or undue delay in taking such action or the administrative procedure or practice adopted in such action involves undue delay.” 14. ‘Public servant’ is defined under section 2(o) of the Kerala Lok Ayukta Act, 1999 and as per section 2(o)(vi), ‘public servant’ means, a person who is or was at any time, a member of a Committee or Board or Authority or Corporation, statutory or non-statutory constituted by the Government of Kerala. 15. At this juncture, we have to see as to whether the petitioner Samithi/Padasekharam is a committee constituted under the statute. For that purpose, we take recourse to the provisions of the Kerala Irrigation and Water Conservation Act, 2003 and the Rules framed thereunder. 16. On the facts and circumstances, it could be seen that the complaint deals with de-watering and the alleged loss sustained by the complainant, for which he has sought for damages. 17. Section 32 of the Irrigation and Water Conservation Act, 2003, which deals with dewatering etc. of padasekharam, reads thus: “32. Dewatering etc. of Padasekharam.- (1) Where the committee of a padasekharam applies to the Collector, the Punja Special Officer or any other officer authorised by the Government in that behalf, to arrange for the dewatering of that padasekharam for the purpose of paddy cultivation, it shall be lawful for the Collector, the Punja Special Officer or such other officer to arrange for the dewatering of such padasekharam and to recover the cost of such dewatering from all the owners of such padasekharam: Provided that arrangement for dewatering shall not be made unless the Irrigation Officer has certified, after due investigation, the safety of the land in a padasekharam. (2) The Collector, the Punja Special Officer or the officer authorised under sub-section (1), arranging dewatering of any padasekharam under the said sub section or any person or persons authorised by him to undertake such dewatering work shall, notwithstanding anything contained in any other law for the time being in force, have the power to enter upon any field in that padasekharam and to install any machinery for the purpose of such dewatering and to execute any temporary work incidental thereto. (3) Where cultivation in any padasekharam or in any portion thereof is likely to be affected for want of proper irrigation or drainage facilities, the Collector, the Punja Special Officer or the officer authorised by the Government under sub-section (1) shall have the power to arrange for the execution of any temporary work as is necessary to irrigate or drain the padasekharam or any portion thereof, as the case may be, and the cost thereof shall be realised from all the owners of the padasekharam. Explanation:- In this section and in section 33 and 34,- (I) “Committee of padasekharam” means the committee of the owners of padasekharam constituted in such manner as may be prescribed; and (ii) “padasekharam” means collection of paddy fields contiguously situated, whether owned by one or more than one person.” 18. In exercise of the powers conferred under section 94 of the Kerala Irrigation and Water Conservation Act, 2003, Government of Kerala have framed the Kerala Irrigation and Water Conservation Rules, 2005. 19. Rule 15 of the Rules 2005 deals with constitution of the committee of Padasekharam and it is extracted: “15. Constitution of the Committee of Padasekharam.— (1) There shall be constituted a Committee as specified in the Explanation to section 32 of the Act to be known as “Padasekharam Committee” and all owners of the land within a padasekharam shall be members of the Committee. (2) Every Padasekharam Committee shall have an Executive Committee consisting of the members specified in sub-rule (3) and the execution of all programmes of the Padasekharam Committee shall vest with the Executive Committee. (3) The Executive Committee shall consist of the following members, namely:— (a) three members elected from farmers owning not more than 0.4 hectare of paddy field in the concerned padasekharam from among themselves; (b) three members elected from farmers owning more than 0.4 hectare and not more than 2 hectares in the concerned padasekharam from among themselves; (c) three members elected from farmers owning more than 2 hectare of paddy field in the concerned padasekharam from among themselves; (d) the Agriculture Officer of the Krishi Bhavan having control of the concerned padasekharam shall be the ex-officio member; (e) the Assistant Engineer of the Irrigation Department in whose jurisdiction the padasekharam falls. (4) The Executive Committee shall elect a Chairman, Vice- Chairman, Secretary and a Treasurer from among themselves. (4) The Executive Committee shall elect a Chairman, Vice- Chairman, Secretary and a Treasurer from among themselves. (5) The Chairman, Vice-Chairman, Secretary and Treasurer of the Executive Committee shall be the Chairman, Vice Chairman, Secretary and Treasurer of the respective Padasekharam Committee. (6) The term of office of the Executive Committee shall be three years from the date of its constitution or until a new committee is constituted as provided under clause (g) of sub-rule (10), whichever is later. (7) The Executive Committee shall meet at least once in two months. (8) The quorum for the meeting of the Executive Committee shall be one third of the total membership. (9) The casual vacancies shall be filled up through bye- election and the members so elected shall hold office for the remaining period. (10) The election to the Executive Committee of a Padasekharam Committee shall be conducted by the Punja Special Officer or in his absence, the Irrigation Officer in the following manner, namely:— (a) The Committee shall meet at least 60 days prior to the date of expiration of its term and pass a resolution fixing the date, time and place for the conduct of the election to the new Committee. A copy of such resolution shall be submitted to the Punja Special Officer or in his absence, the Irrigation Officer; (b) The Punja Special Officer or in his absence, the Irrigation Officer shall, on receipt of such a resolution, make arrangements to appoint an officer of the Agriculture Department as the Returning Officer and such other officers for the conduct of the election; (c) The Returning Officer shall prepare a list of farmers belonging to the category specified in sub-rule (3), and the same shall be published in the notice board of the village office concerned and in two dailies having wide circulation in the locality, calling objections; (d) The Returning Officer shall also specify therein the time within which the objections to the said list may be filed, the date on which the final voters list shall be published, the time and the place at which nomination paper shall be filed as to the scrutiny of such nomination paper, withdrawal of nomination etc. and the time and place of polling etc; (e) The Returning Officer shall be competent to prepare the form of nomination paper and all other things for the proper conduct of the election; (f) The list of elected members shall be published, as soon as may be, after the election and a copy of the list shall be affixed in the notice board of the village office concerned and published in two dailies having wide circulation in the area; (g) If an Existing Committee do not take steps for the conduct of election, the Punja Special Officer shall take necessary steps for the conduct of election immediately after the term of the Existing Committee and the members shall continue until new Committee enters upon office. (11) Notwithstanding anything contained in this rule, the first Executive Committee shall be elected from a list of farmers published as stated in sub- rule (10). 20. Rule 16 deals with functions of the executive committee of the Padasekharam and the same is extracted: “16. Functions of the Executive Committee.-The Executive Committee shall perform the following functions, namely:- (i) Prepare an action plan every year for the development of-paddy cultivation. (ii) Closely monitor the execution of activities as envisaged in the action plan. (iii) Undertake development activities for encouraging profitable paddy cultivation. (iv) Ensure maximum utilization of resources in padasekharam for increasing paddy production. (v) Maintain proper accounts of the income and expenditure of the funds of the Padasekharam Committee.” 21. A conjoint reading of section 32 of the Act 2003 with Rules stated supra, we are of the view that the Secretary of the Vallani Kolepada Karshaka Sangham, now in the name of Vellani Kolepada Karshaka Sangham Padasekhara Samithi/writ petitioner, will fall within the definition of ‘public servant’ as per section 2(o)(vi) of the Kerala Lok Ayukta Act and in such a view of the matter, complaint before the Lok Ayukta is maintainable. From the array of parties, in complaint No.1279/2012, it could be seen that Secretary, Vellani Kole Pada Karshaka Sangham, has been named as respondent No.3. 22. From the array of parties, in complaint No.1279/2012, it could be seen that Secretary, Vellani Kole Pada Karshaka Sangham, has been named as respondent No.3. 22. While answering the first ground as above, and considering the submission of the learned counsel for the writ petitioner that there is a violation of principles of natural justice in directing the Secretary, Vellani Kolepada Karshaka Sangham Padasekhara Samithi to pay a sum of Rs.50,000/-to the complainant as compensation, on the grounds inter alia that the report of the investigation agency was not furnished, perusal of the impugned order extracted supra, does not disclose furnishing of the report. But then, the Lok Ayukta seemed to have straightaway proceeded to pass an adverse order against the Secretary, Vellani Kolepada Karshaka Sangham, without furnishing a copy of the report of the investigation agency to him, which, in our view, amounts to violation of principles of natural justice. 23. When an adverse report is submitted, we are of the view that copy of such report, which formed the basis of the order made in the complaint, ought to have been furnished to the Secretary, Vellani Kolepada Karshaka Sangham, the 3rd respondent in the complaint. 24. Thus, holding that there is violation of the principles of natural justice, we are inclined to set aside the impugned order. In the light of the above, instant writ petition is allowed and the impugned order is set aside. 25. Secretary, Vellani Kolepada Karshaka Sangham, respondent No.3 in the complaint, has already submitted a reply affidavit to the complaint. Petitioner is permitted to submit the objections to the report of the investigation agency within two weeks from the date of receipt of a copy of this judgment. As the complaint has been instituted in the year 2012 and having regard to the fact that the matter is pending since 2020, we request the Kerala Lok Ayukta to dispose of the complaint as expeditiously as possible in accordance with law. Pending interlocutory applications, if any, shall stand closed.