IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 13700 of 2008(E) ------------------------------------- PETITIONER(S): --------------------- M.HUSSAIN, S/O.RAZAK HAJI, MANETHODI HOUSE, VELLUVAMBRAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE MALAPPURAM BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, BLOCK DEVELOPMENT OFFICER, MALAPPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, DISTRICT RURAL DEVELOPMENT AGENCY, MALAPPURAM. BY GOVT. PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13700/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS NO.G2.56025/2004 OF THE IST RESPONDENT DTD. 10.11.2004. P2:- COPY OF THE TECHNICAL SANCTION ACCORDED BY THE 3RD RESPONDENT TO THE WORK DTD. 10.11.2004. P3:- COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD. 4.3.2005 AS NO.P5- 2758/2004/NRDA. P4:- COPY OF THE INTENT FROM TO RECEIVE 161.29 UINTALS OF RICE ISSUED TO THE PETITIONER DT. 15.11.2004. P5:- COPY OF THE AUTHORIZATION TO RECEIVE 161.29 QUINTALS OF RICE ISSUED TO THE PETITIONER. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13700/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of December, 2010 J U D G M E N T The petitioner is the Convener of a work for the improvements of a road called 'New Bazaar-Moochikkal Road' in Pookottur Grama Panchayat in Malappuram District. The said work was under the Special Development Scheme for M.L.A's. Ext.P1 proceedings of the first respondent shows that the approval was granted for a total of Rs.3,50,000/- out of which Rs.2,50,000/- will be met from the MLA Fund. 2. It is pointed out that the work was completed in time and final bill was also approved for Rs.3,50,000/- by the Project Oficer as evident from Ext.P3. An amount of Rs.2,50,000/- was released to the petitioner and for the remaining amount, Rs.1,00,000/-, the petitioner was given an authorisation to receive food grain for the said amount. Exts.P4 and P5 will show that a total quantity of 161.29 quintals of rice was allocated to the petitioner. Even though the petitioner approached the second respondent, he was informed that there was no stock available at that W.P.(C). No.13700/2008 -:2:- point of time. It is in these circumstances, this writ petition has been filed seeking for a direction to the respondents to either disburse 161.29 quintals of rice or in alternative to disburse the amount of Rs.1,00,000/- to the petitioner for the work done by him. When the matter came up for hearing on 10/12/2010, the learned Government Pleader on getting instructions submitted that directions have been issued to the second respondent as early as on 03/09/2008 to pay the balance amount to the petitioner from the Plan Fund as per Government Circular No.2210/DP/06, dated 24/02/2006. 3. The learned counsel for the petitioner submitted that he has not received the payment so far. Therefore, there will be a direction to the second respondent-Block Panchayat to effect payment of the balance amount of Rs.1,00,000/- within a period of six weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms