IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 17527 of 2008(J) -------------------------- PETITIONER(S): PETITIONER ------------------------- SASIDHARAN, S/O. SANKARAN, AGED 56, GOVERNMENT CONTRACTOR, RESIDING AT THUNDATHIL HOUSE, AGALI.P.O, PALAKKAD. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, PALAKKAD DT. 2. TAHSILDAR, TALUK OFFICE, MANNARKKADU, PALAKKAD. 3. THE VILLAGE, AGALI VILLAGE. 4. PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT PROJECT. 5. THE DISTRICT MANAGER, KERALA STATE BACKWARD COMMUNITY DEVELOPMENT CORPORATION, PALAKKAD. 6. THE EXECUTIVE ENGINEER, ATTAPPADY VALUE IRRIGATION PROJECT, AGALI.P.O, PALAKKAD DT. ADV. SRI.C.S.MANILAL,SC FOR BSBCDC FOR R5 SRI.C.E.UNNIKRISHNAN,SC,K.S.B.C.DEVP.CO FOR R5 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF NOTICE DT 22.1.03. P2 COPY OF NOTICE DT 22.2.03. P3 COPY OF JUDGMENT DT 27.10.05. P4 COPY OF JUDGMENT IN WA.2561/05. P5 COPY OF ORDER DT 8.2.06. P6 COPY OF RECEIPT. P7 COPY OF NOTICE DT 10.3.2008 P8 COPY OF NOTICE DT 11.3.08 P9 COPY OF NOTICE DT 28.4.08 // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 17527 OF 2008 J ```````````````````````````````````````````````````` Dated this the 17th day of November, 2008 J U D G M E N T Petitioner is a government contractor. Petitioner has approached this court seeking to quash Exts.P7, P8 and P9 and to declare that he is not liable to pay any amount towards ITDP and he is liable to pay only Rs.29,391/- for the work he had undertaken under the AVIP. It is also prayed that no action will be taken pursuant to Exts.P7, P8 and P9. 2. I heard learned counsel for the petitioner, learned standing counsel for the 5th respondent and learned Government Pleader. According to the petitioner, he is liable to pay only Rs.29391/-. There is no dispute by the learned Government Pleader that no amount is due from the petitioner towards ITDP. Of course, according to the learned Government Pleader, it is only a mistake and actually the amount is due to the forest department. Learned standing counsel for the 5th respondent submits that no amount is due from the petitioner to the 5th respondent as he has cleared the entire amount on 25.9.2008. There is no dispute by WPC.17527/08 : 2 : the learned counsel for petitioner that the petitioner is liable to pay Rs.29391/- towards AVIP. In such circumstances, it is declared that the petitioner is not liable to pay any amount towards ITDP. Regarding any amount due to the forest department, I leave it free to the authorities to proceed against the petitioner. It is also declared that the petitioner is not liable to pay any amount to the 5th respondent. The petitioner is given one month's time to pay the amount due to AVIP as per law. If the petitioner does not pay the amount, the petitioner can be proceeded in accordance with law. Writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) aks