IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 20954 of 2008(T) -------------------------- PETITIONER: ------------------ ADARSH KURUVILA, AMMEYANIKKAL HOUSE, MOONILAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.O.V.JOSEPH RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MOONILAVU GRAMA PANCHAYATH REP. BY ITS SECRETARY MOONILAVU P.O., KOTTAYAM DISTRICT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 20954 OF 2008 T = = = = = = = = = = = = = = = = = Dated this the 31st day of July 2008 J U D G M E N T The controversy in this writ petition is regarding the exclusion of the construction of a culvert across the Valaiyakumaramangalam- Thazhakkavayal road in the annual plan of the respondent Panchayat for the year 2008-09. From Ext. P1 it is evident that the construction of the aforesaid culvert was included by the Panchayat in its annual plan for the year 2007-08. Though the project was included in the annual plan as above, the work could not be completed in the previous year and therefore the Grama Sabha discussed the matter and decided to complete the work as is evident from Ext. P2, the minutes of the Grama Sabha meeting. Despite all this, from Ext. P3 the petitioner came to know that in the annual plan for the year 2008-09, the construction of the culvert was not included. It is thereupon that the writ petition has been filed. 2. Though the Standing Counsel for the respondent Panchayat W.P.(C) No. 20954 OF 2008 -2- entered appearance on notice and made submissions in the matter, there is absolutely no explanation forthcoming for the exclusion of the culvert, in this years' annual plan of the Panchayat. In view of this, I am satisfied that there is absolutely no justification for the Panchayat for the exclusion of the culvert in question from the annual plan of 2008-09. Accordingly, the writ petition will stand disposed of directing that the Panchayat shall include the work of the construction of the culvert across Valaiyakumaramangalam-Thazhakkavayal road in the annual plan for the year 2008-09 and do the needful in this matter. ANTONY DOMINIC JUDGE jan/-