IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 8006 of 2005(C) ------------------------------------- PETITIONERS: -------------------- 1. V.P.ABDUL AZEEZ, AGED 38 YEARS, S/O.MUHAMMED, VAZHAKKAPARAMBIL HOUSE, NELLAYA P.O. PALAKKAD DISTRICT. 2. K.P.NISAMUDHEEN, AGED 26 YEARS, S/O.ASSAINAR, KUNNATHU PEEDIKEKKAL HOUSE, MARAYAMANGALAM P.O. PALAKKAD DISTRICT. 3. P.MUHAMMED BASHEER, AGED 25 YEARS, S/O.MOIDU, PULIKKAL HOUSE, NELLAYA P.O. PALAKKAD DISTRICT. 4. P.MUHAMMED, AGED 60 YEARS, S/O.KUNHAHAMMED MALLA, PARACHIKKADA HOUSE, NELLAYA P.O. PALAKKAD DISTRICT. 5. ABDUL LATHEEF, AGED 23 YEARS, S/O.KUNHALAN, MELADAYIL HOUSE, MARAYAMANGALAM P.O. PALAKKAD DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. NELLAYA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NELLAYA P.O. PALAKKAD DISTRICT. 3. THE PRESIDENT, NELLAYA GRAMA PANCHAYATH, NELLAYA P.O. PALAKKAD DISTRICT. W.P.(C). NO.8006/2005-C: 4. DIRECTOR OF PANCHAYATHS, PANCHAYATH DIRECTORATE, PANCHAYATH BHAVAN, THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE (VIGILANCE) PALAKKAD. *ADDL.R6. SUBAIDA, AGED ABOUT 50 YEARS, W/O. NOT KNOWN TO THE PETITIONER, VARANCHEL, PERUNGODATH NELLAI.P.O. *IMPLEADED AS PER ORDER DATED 11/03/2005 IN I.A. 4021/2005. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1, R4 & R5, ADV. SRI.P.VIJAYA BHANU FOR R2 & R3, SRI.M.GEORGE THOMAS FOR R2 & R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8006/2005-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1.A: COPY OF THE RELEVANT PORTION OF PAGE NO.56 OF THE MINUTES BOOK OF THE R.2. PANCHAYATH. EXT.P.1.B: COPY OF THE PAGE NO. 57 OF THE MINUTES BOOK OF THE R.2. PANCHAYAT. EXT.P.1.C: COPY OF THE PAGE NO. 58 OF THE MINUTES BOOK OF THE R.2. PANCHAYAT. EXT.P.1.D: COPY OF THE PAGE NO. 81 OF THE MINUTES BOOK OF THE R.2. PANCHAYAT. EXT.P.1.E: COPY OF THE PAGE NO. 82 OF THE MINUTES BOOK OF THE R.2. PANCHAYAT. EXT.P.2: COPY OF THE NEW LIST ACCEPTED BY THE R.2. IN THE MEETING HELD ON 29/11/2004. EXT.P.3: COPY OF THE BUILDING TAX RECEIPT DTD. 25/02/2005 ISSUED BY THE R.2. PANCHAYAT. EXT.P.4: COPY OF THE BUILDING TAX RECEIPT DTD. 26/02/2005 ISSUED BY THE R.2. PANCHAYAT. EXT.P.5: COPY OF THE BUILDING TAX RECEIPT DTD. 02/12/2004 ISSUED BY THE R.2. PANCHAYAT. EXT.P.6: COPY OF THE BUILDING TAX RECEIPT DTD. 04/06/2004 ISSUED BY THE R.2. PANCHAYAT. EXT.P.7: COPY OF THE BUILDING TAX RECEIPT DTD. 13/12/2004 ISSUED BY THE R.2. PANCHAYAT. EXT.P.8: COPY OF THE BUILDING TAX RECEIPT DTD. 17/12/2004 ISSUED BY THE R.2. PANCHAYAT. EXT.P.9: COPY OF THE APPLICATION FORM TO BE SUBMITTED BEFORE THE GRAMA SABHA BY THE INDIVIDUAL APPLICANTS AND THE TERMS AND CONDITIONS INCORPORATED THEREIN. EXT.P.10: COPY OF THE RELEVANT PORTION OF PAGE NO. 67 TO 76 IN THE MINUTES BOOK OF THE R.2. PANCHAYATH. EXT.P.11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST, 4TH & 5TH RESPONDENTS DTD. 22ND FEBRUARY, 2005. W.P.(C). NO.8006/2005-C: RESPONDENTS' EXHIBITS: EXT.R2.A SERIES: COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE R.2. EXT.R2.B SERIES: COPY OF THE RELEVANT PAGES OF PROCEEDINGS OF THE GRAMA SABHA HELD IN WARD NO. XV ON 01/10/2004. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.8006 of 2005 ---------------------------------------------- Dated 18th July, 2008. J U D G M E N T The issue pertains to the alleged irregularities in the disbursement of amounts by the Panchayat, for the House Construction and Total Sanitation Scheme. It is seen that Ext.P11 representation filed by the petitioners is pending before the 4th respondent. There will be a direction to the 4th respondent to pass appropriate orders on Ext.P11, if not already passed, within two months from the date of production of a copy of the judgment, with notice to the petitioners and respondents 2 and 6. It will be open to the Panchayat to take further action in the matter of disbursement of the amounts subject to the order passed by the 4th respondent. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.8006 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th July, 2008.