IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 7484 of 2005(N) ------------------------- PETITIONER(S): --------------- N.N.PARAMESWARAN ELAYATH AGED 54 NADUVILAPURAM, MUTTOM P.O., THODUPUZHA NOW WORKING AS JR.SUPERINTENDENT ERATTUPETTA GRAMA PANCHAYAT, ERATTUPETTA, KOTTAYAM. BY ADV. SRI.V.K.MOHAMMED YOUSUF RESPONDENT(S): --------------- 1. SECRETARY, MUTTOM GRAMA PANCHAYAT MUTTOM, THODUPUZHA. 2. MUTTOM GRAMA PANCHAYAT REPRESENED BY ITS SECRETARY, MUTTOM, THODUPUZHA. 3. N.H.AHMAD, MADATHIL PARAMBIL, MUTTOM P.O. (CONVENER JRY PROJECT UNDER JRY SCHEME) 4. DEPUTY TAHASILDAR (RR) THODUPUZHA. 5. JOINT DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM. 6. DIRECTOR OF PANCHAYAT, TRIVANDRUM. ADV. SRI.JIJO PAUL FOR R1 GOVERNMENT PLEADER SRI. MATHEW VADAKKEL FOR R.4TO6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE SURCHARGE NOTICE DATED 28/5/02/17/7/02 VIDE NO. 960/SPL.CELL (SC)/02 EXT.P1(a) PHOTOCOPY OF THE PARA 27 OF THE AUDIT REPORT FOR THE YEAR 1998-99 DATED NIL EXT.P2 PHOTOCOPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE FIRST RESPONDENT DATED 7.10.02 EXT.P3 PHOTOCOPY OF THE REPRESENTATION OF THE PETITIONER TO THE FIFTH RESPONDENT DATED 11.2.2003 EXT.P4 PHOTOCOPY OF THE RESOLUTION NO. 25 DATED 30.3.1998 EXT.P5 PHOTOCOPY OF THE AGREEMENT DATED 31.3.98 EXECUTED BY THIRD RESPONDENT. EXT.P6 PHOTOCOPY OF THE REPRESENTATION BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.12.03 EXT.P7 PHOTOCOPY OF THE DEMAND ISSUED BY 4TH RESPONDENT DATED 2/05 EXT.P8 PHOTOCOPY OF THE DEMAND PRIOR TO THE ATTACHMENT OF PROPERTY DATED 7.2.05 ISSUED BY FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W. P. C NO. 7484 OF 2005 -------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT Petitioner filed this W.P.C. on the verge of his retirement and is presently a retired Secretary of a Panchayath. While working as Secretary of the first respondent-Panchayath, the petitioner released a sum of Rs. 30,000/- being advance for construction of a Comfort station to be maintained by the Panchayath in the Muttom town. It is the finding of the respondents that no work was done and the amount released was misappropriated. Since third respondent was the convenor of the project he is the person accountable for the amount received. In fact this Court issued an interim order dated 4.3.2005 directing the Deputy Tahsildar, Thodupuzha to proceed for recovery against the third respondent. It is not known why orders are not complied with. Since petitioner was transferred soon after release of the advance complicity if any is in the next Secretary of the Panchayath. In any case since the amount is not spent, recovery has to be from the convenor and members of the beneficiary committee. 2 W.P.C. is accordingly disposed of directing the present Secretary of the Panchayath to refer the work for evaluation to the concerned Engineer after notice to the Beneficiary Committee to verify whether any amount is spent for the work and if the amount advanced by the Panchayath is not spent, he will after verifying the records and after going through the valuation report refer the matter to the fourth respondent for revenue recovery against convenor and members of the beneficiary committee. Recovery proceedings against the petitioner will stand quashed as he is not the beneficiary of the amount advanced by the Panchayath. (C.N. RAMACHANDRAN NAIR) Judge kk 3