IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 2556 of 2008(D) ------------------------- PETITIONER: ------------ V.K.CHANDRAN,AGED 49 YEARS, S/O.M.K.KUTTAN, VALIYAKUNNATH,WEST OTHARA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: ------------- 1. THE SECREARY PULIKEEZH BLOCK PANCHAYATH,VALANJAVATTOM P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT. 2. THE PULIKEEZH BLOCK PANCHAYATH REP. BY ITS SECRETARY,VALANJAVATTOM P.O., THIRUVALLA,PATHANAMTHITTA DISTRICT. 3. STATE OF KERALA,REP. BY THE SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT (LSGD) SECRETARIATE,THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR GOVT.PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.2556/2008 PETITIONER'S EXHIBITS EXT.P1 TRUE PHOTOCOPY OF THE AGREEMENT NO.80/04-05 EXT.P2 TRUE PHOTOCOPY OF THE MEASUREMENT EXT.P3 TRUE PHOTOCOPY OF THE FINAL BILL SUBMITTED BY THE PETITIONER. EXT.P4 TRUE PHOTOCOPY OF THE DEMAND NOTICE DTD. 1-1-08 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. /True copy/ PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 2556 of 2008 ---------------------------------- Dated this the 7th day of April , 2008 JUDGMENT No counter counter has been filed by respondents 1 and 2 though sufficient time has been give to them. The averment in the writ petition stands established by non traverse. The prayer in this writ petition is for release of a sum of Rs.87,335/-, out of which Rs.77,750/- is a portion of the amount which ought to have been paid to the petitioner by cash itself and the balance amount represents value of the food grains, which should have been supplied to the petitioner in lieu of cash. 2. On hearing the counsel for the parties, it is seen that the Panchayat has given plausible excuse for being not able to supply the food grains portion of the remuneration to the petitioner. But, for the payment of the cash portion coming to Rs.77,750/-, I do not find any justification for the delay caused so far. Under the above circumstances, I am inclined to dispose of this writ petition in the following terms; Respondents 1 and 2 are directed to release to the petitioner a WPC No 2 sum of Rs.77,750/- at the earliest and at any rate within one month of receiving a copy of this judgment During the said period, respondents 1 and 2 will also take a decision as to the manner in which the grievance of the petitioner regarding non receipt of the food grains can be redressed. If the petitioner is desirous of hearing opportunity regarding the manner in which the petitioner's grievance regarding food grains is to be redressed by the respondents the petitioner will request for hearing opportunity in which case the same will be granted. PIUS C. KURIAKOSE JUDGE dpk