IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 33305 of 2006(M) ------------------------------------- PETITIONER: ------------------- MUSTAFA, S/O.MOIDU, AGED 33 YEARS, MONTHIL HOUSE, KUNHONE DESOM, THONDARNADU VILLAGE N.WAYANAD TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: ---------------------- 1. SECRETARY, THONDARNADU GRAMA PANCHAYAT, N.WAYANAD DISTRICT. 2. DISTRICT COLLECTOR, WAYANAD, KALPETTA. 3. PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AGENCY, WAYANAD. 4. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER SRI.C.M.SURESH BABU ADV. SRI.K.G.ANIL BABU - R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).33305/2006-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESOLUTION NO.207/2004 DATED 30/12/2004. EXT.P2: COPY OF THE ADMINISTRATIVE SANCTION DATED 17/12/2005 ACCORDED BY DISTRICT COLLECTOR. EXT.P3: COPY OF THE TECHNICAL SANCTION ACCORDED BY THE ASSISTANT EXECUTIVE ENGINEER DISTRICT RURAL DEVELOPMENT AGENCY. EXT.P4: COPY OF THE AGREEMENT NO.140/2004-05 DATED 10/03/05. EXT.P5: COPY OF THE CONSENT LETTER ISSUED DIRECTING COMMENCEMENT OF WORK. EXT.P6: COPY OF THE REVISED PROJECT ESTIMATE. EXT.P6(a):COPY OF THE PROCEEDINGS OF THE REVISED PROJECT ESTIMATE. EXT.P7: COPY OF THE SCRUTINY REPORT OF THE ENGINEER EXT.P7(a):COPY OF THE FORWARDING LETTER DATED 16/04/2005. EXT.P8: COPY OF THE CANCELLATION ORDER ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.33305/2006 ----------------------------------------------------------------- Dated this the 4th day of July, 2008 JUDGMENT Petitioner submits that pursuant to a work order issued by the District Collector, Wynad, under the National Food For Work Programme, they had executed certain programmes, but however following a Government Order, the work order was subsequently canceled. According to the petitioner, by the time the work order was canceled, he had completed the work, but however payments have not been received. Petitioner refers to the judgment in WP(c). No.3531/06 and connected cases in which, the case filed by similarly situated persons was considered by this court. By the aforesaid judgment, this court permitted the petitioners therein to approach the Government with suitable representations and the Government was directed to 2 consider their grievance and pass appropriate orders in the matter. It is stated that based on the said judgments, those who approached the Government have been given orders enabling them to receive payments for the work they had done and according to the petitioner his case is similarly situated. In view of the position as above, this writ petition is disposed of directing that, it will be open to the petitioner to approach the Government within a period of two months from today, in which case, his grievance will be duly considered with notice to him. He will also be extended the benefits that have been extended to other similarly situated persons who have executed the work in pursuance to the work order issued by the District Collector. On receipt of the representation as above, an order will be passed within 2 months thereafter. ANTONY DOMINIC JUDGE vi. 3