IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 29792 of 2006(V) -------------------------- PETITIONER(S): --------------- 1. P.K.SURESH, S/O.KURUMBAN, AGED 32 YEARS, PUTHENPURACKAL HOUSE, MUTTATHUKANDAM, SCHEDULED CASTE COLONY, KEERAMPARA P.O., KOTHAMANGALAM. 2. JOBY P.KUTTAPPAN, S/O.KUTTAPPAN, AGED 22 YEARS, PALLATHUKUDIYIL HOUSE, MUTTATHUKANDAM, SHEDULED CASTE COLONY, KEERAMPARA P.O., KOTHAMANGALAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE STATE PERFORMANCE AUDIT OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KAKKANAD, ERNAKULAM. 5. KEERAMPARA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KEERAMPARA P.O., KOTHAMANGALAM. 6. P.M.ABDUL SAMATH, NOW WORKING AS JUNIOR SUPERINTENDENT, OFFICE OF DEPUTY DIRECTOR OF PANCHAYATH, PALAKKAD. 7. K.N.RAJAN, NOW WORKING AS HEAD CLERK, THIRUMARADY GRAMA PANCHAYATH, KOOTHATTUKULAM. 8. A.P.PAULOSE, NOW WORKING AS JUNIOR SUPERINTENDENT, THRIKKAKKARA GRAMA PANCHAYATH, THRIKKAKKARA, ERNAKULAM. ADV. SRI.S.SHANAVAS KHAN FOR R8 SRI.PEEYUS A.KOTTAM FOR R5 SRI.S.DILEEP (KALLAR) FOR R6 SMT.K.R.DEEPA, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 29792 of 2006 ================== Dated this the 11th day of November, 2008 J U D G M E N T The petitioners are chairman and convener of the Beneficiary Committee which undertook the construction of a culvert on behalf of the 5th respondent Panchayat. Part of the remuneration for the work was to be paid in food grains. The petitioners allege that the officers of the 5th respondent misappropriated food grains due to be given to them, by forging the signatures of the petitioners. The petitioners, therefore, seek the following reliefs: “i) Issue a writ of Mandamus or any other writ order of direction directing the respondents 1 to 5 to allot and give to the petitioners, the food grain alloted for SGRY Muttathukandam Scheduled Caste Colony Culvert Project in Keerampara Grama Panchayat. ii) Issue a writ of Mandamus of any other writ order or direction directing the respondents 1 to 5 to conduct enquiry/investigation of the forgery misappropriation and theft of good grains alloted to SGRY Muttathukandam Scheduled Caste Colony Culvert Project in Keerampara Grama Panchayat and book and punish the culprits. iii) Issue a writ of Mandamus or any other writ order or direction directing respondents 1 to 5 to take immediate action on Exhibit P4 to P7 complaints.” In order to give reliefs to the petitioners in this writ petition, I have to necessarily embark on an enquiry regarding the w.p.c.29792/06 2 allegations of forgery stated to have been committed by respondents 6 to 8. That would require taking of evidence. Ordinarily this is not possible in proceedings under Article 226 of the Constitution of India. Therefore, the remedy of the petitioners lies in an appropriate suit or a criminal case for redressal of their grievances, in which they can adduce evidence to prove their contentions. Therefore, without prejudice to the right of the petitioners' to resort to those remedies, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.29792/06 3