IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5339 of 2008(I) ------------------------- PETITIONER: ------------ SIJO EENTHANAKUZHY, CONVENOR OF THE COMMITTEE CONSTITUTED FOR CONSTRUCTING OLD AGE HOME (VRIDHASADANAM) IN RAJAKUMARI PANCHAYAT, RAJAKUMARI P.O., SANTHAMPARA- VIA, IDUKKI DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ------------- 1. NEDUMKANDAM BLOCK PANCHAYAT, REP. BY ITS SECRETARY, OFFICE OF THE NEDUMKANDAM BLOCK PANCHAYAT, NEDUMKANDAM P.O., IDUKKI DISTRICT. 2. THE SECRETARY, NEDUMKANDAM BLOCK PANCHAYAT, OFFICE OF THE NEDUMKANDAM BLOCK PANCHAYAT, NEDUMKANDAM P.O., IDUKKI DISTRICT. 3. NEDUMKANDAM BLOCK PANCHAYAT COMMITTEE, REP. BY ITS PRESIDENT, OFFICE OF THE NEDUMKANDAM BLOCK PANCHAYAT, NEDUMKANDAM P.O., IDUKKI DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 5339 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 JUDGMENT The petitioner who is the convenor of a beneficiary committee constituted under the provisions of the Kerala Development Project and the committee was awarded with the work of construction of an old Age Home ( Vridhassadanam) in Rajakumari. Ext.P1 is the detailed estimate pertaining to the work. Interestingly, Ext.P1 does not provide for construction of separating walls for the proposed building. Noticing the above anomaly as early as on 11/12/2004, the President of Rajakumari Grama Panchayat, within whose area the Vridhassadanam is to be constructed, issued Ext.P3 to the petitioner directing him to stop the work till the steps for facilitating the construction of a proper building for the Vridhassadanam are completed. More or less in the lines of Ext.P3, the Chairman of the Development Standing Committee of the first respondent Block Panchayat also issued Ext.P2 to the petitioner. It appears that after Exts.P2 and P3 there has not been much WPC.No.5339/08 2 headway in the matter of construction of the Vridhassadanam and the present grievance of the petitioner is that, even before instructions were issued to him regarding the finalisation of the steps for the construction of a proper building for the Vridhassadanam, he is served with Et.P4 notice by the second respondent demanding refund of the advance amount of Rs. 50,000/- which had been paid to him and threatening the petitioner with coercive action, if refund is not made. On receipt of Ext.P4, the petitioner has submitted Ext.P5 detailed representation. Since Ext.P5 representation is pending before the respondents, it is only appropriate that the third respondent takes a decision on Ext.P5 before initiating coercive action against the petitioner pursuant to Ext.P4. Accordingly, I dispose of the writ petition issuing the following directions: The third respondent will consider Ext.P5 immediately in the light of Exts.P2 and P3 as well as the various grounds raised in the writ petition and take a correct decision. Decision as directed above shall be taken at the earliest and at any rate within a period of two months of receiving a copy of this judgment and a copy of this writ petition. Till WPC.No.5339/08 3 such time as decision is taken on Ext.P5 and communicated to the petitioner, all coercive action against the petitioner pursuant to Ext.P4 will be kept in abeyance by the Block Panchayat. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.5339/08 4