IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 6999 of 2006(G) ------------------------------------- PETITIONER: ------------------ KENNEDY M. GESORGE, S/O. M.C. GEORGE, AGED 43 YEARS, RESIDING AT MANAYANIKAL, KATTAKAYAM HOUSE, PALA P.O., PIN-686 575, KOTTAYAM DIST., (KOTTAYAM DISTRICT PARENTS ASSOCIATION FOR PERSONS WITH MENTAL HANDICAP) REG.NO.K.281/2003, AJI BHAVAN, NAGAMPADAM,KOTTAYAM BY ADV. SRI.C.S.SUNIL RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS THE CHIEF SECRETARY TO GOVERNMENT OF KERALA SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF PANCHAYATHS, COLLECTORATE P.O., KOTTAYAM. 3. THE SECRETARY, DISTRICT PANCHAYAT, COLLECTORATE P.O., KOTTAYAM. 4. THE SECRETARY, VAIKOM MUNICIPALITY VAIKOM, KOTTAYAM DISTRICT. 5. THE SECRETARY, CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY, KOTTAYAM DIST. 6. THE SECRETARY, KOTTAYAM MUNICIPALITY KOTTAYAM DISTRICT. 7. THE SECRETARY, PALA MUNICIPALITY, PALA, KOTTAYAM DISTRICT. SRI.SIBY MATHEW FOR R6 SRI.A.A.MOHAMMED NAZIR FOR R6 SRI.SIBY MATHEW FOR R5 SRI.PHILIP J.VETTICKATTU FOR R5 SRI.K.REGHU KOTTAPPURAM FOR R4 SMT.URSULA FRANCIS FOR R4 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 SRI.JOSY ANTONY FOR R3 SRI.V.M.KURIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6999/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GUIDELINES LAID DOWN BY THE STATE GOVERNMENT FOR THE UTILIZATION OF THE PLAN FUND WITH RESPECT TO THE 10TH FIVE YEAR PLAN OF THE CENTRAL GOVERNMENT. P2:- COPY OF THE ORDER NO.G.O.(MS) NO.36/04/PLANNING DT. 29.3.04 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE ORDER NO.G.O.(MS) NO.74/2004/PLANNING DT. 13.10.2004 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE ORDER G.O.(MS) NO.35/2005 /PLANNING DT. 7.4.05 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE MINUTES OF THE 7TH RESPONDENT COUNCIL MEETING HELD ON 16.8.05. P6:- COPY OF THE PROJECT PROPOSALS SUBMITTED BY THE PETITIONER SOCIETY 'SWANTHANAM' DT. 6..06 BEFORE THE RESPONDENTS 4 TO 7. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.6999 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: a) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to take immediate steps to implement the Government orders Ext.P2 to 4 in its true spirit in the coming financial year itself i.e. 2006-2007. b) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to take effective steps to ensure that all Local Level Committees in the State constituted as per the provisions of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 function properly. c) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to ensure that all the Grama Panchayaths in the Kottayam District to monitor the utilization of the plan fund by the Local Self Government Bodies and ensure that scholarship and allowance are paid to the school going mentally retarded persons in the District. It is seen from the counter affidavit that the panchayaths in Kottayam District set apart 5% of their annual budget plan fund for the welfare of the disabled, children and old persons and a further 10% of the plan fund for women. W.P.(C) No.6999/06 2 2. In case any panchayath has not utilized the amount thus set apart for the welfare of the weaker sections, it will be open to the petitioner to point out the same before the second respondent, in which case, the second respondent/Ombudsman for Local Self Government Institutions shall take prompt action in accordance with law in the matter, expeditiously. It is also made clear that the first respondent will ensure proper compliance with the directions already issued in the G.O(MS) No.183/07 dated 24.07.2007. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.6999/06 3 KURIAN JOSEPH, J. W.P.(C) No. 6999 OF 2006 J U D G M E N T 29.09.2008