IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 4090 of 2010(I) ------------------------- PETITIONER(S): ---------------------- 1. SURESH.N., S/O.NARAYANAN, AGED 56 YEARS, RAKTHAN VILASOM, MARKET ROAD, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. 2. SUNIL DUTT, S/O.MUKUNDHAN, PEZHUVILA VEEDU, CHARUPARA P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.ABHILASH SRI.PRATHEESH.P RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MEMBER SECRETARY (DISTRICT COLLECTOR), DISTRICT PLANNING COMMITTEE, THIRUVANANTHAPURAM. 3. DISTRICT PLANNING OFFICER, THIRUVANANTHAPURAM. 4. KILIMANOOR BLOCK PANCHAYATH, KOLIMANOOR P.O., REPRESENTED BY ITS SECRETARY. ADV. SRI. K.SIJU FOR R4 GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4090/2010 APPENDIX PETITIONERS' EXHIBITS EXT.P1: THE COPY OF G.O.NO.920/2008/LSGD DT.27.3.2008. EXT.P2: THE COPY OF ORDER G.O.NO.3258/2008/LSGD DT 1.9.2008. EXT.P3: THE COPY OF STATEMENT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PROJECT DIRECTOR, THIRUVANANTHAPURAM, DT 18.8.2008. EXT.P4: THE COPY OF REPRESENTATION SUBMITTED BY THE PANCHAYAT BEFORE THE MINISTER FOR LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA DT 4/12/2009. EXT.P5: THE COPY OF LETTER DT 16.10.2009 OF 3RD RESPONDENT. EXT.P6: THE COPY OF GO NO.1566/2009/LSGD DT 26.6.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 4090 OF 2010 (I) ===================== Dated this the 29th day of March, 2010 J U D G M E N T Petitioners are Conveners of Beneficiary Committees constituted under the Sampurna Grama Rozgar Yojana (SGRY) Scheme. The Beneficiary Committees were alloted work and on completion thereof, final bill was also submitted. However, payment was not effected for the reason that the SGRY scheme was withdrawn by the Government of India w.e.f. 31/3/2008. 2. Subsequently, although the Government of Kerala have issued Exts.P1, P2 and P6 orders enabling the Panchayats to settle the bills from out of its own funds, the Panchayat had to seek permission for the same from the Government. Accordingly, Ext.P4 was made to the Government and response has not been received and therefore payment is also not made by the Panchayat. It is in these circumstances the writ petition is filed. 3. It is not a matter of dispute that the petitioners have executed the work. If that be so, they are entitled to be paid. The Panchayat having entered into an agreement with the petitioners and made them execute the works, it is also their WPC No. 4090/10 :2 : responsibility to ensure that payments are made. In such circumstances, there cannot be any justification for making the petitioners to wait further for the clarification from the Government. In these circumstances, the writ petition is disposed of directing that the respondent Panchayat shall settle the bills of the petitioners for the works, the Beneficiary Committees of which they are the Conveners, have executed. Petitioners may produce a copy of this judgment before the Panchayat for compliance. ANTONY DOMINIC, JUDGE Rp