IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 10311 of 2006(C) ----------------------------------------- PETITIONER(S): ------------------------- S.RAMESAN, S/O. SREEDHARAN, BENIFICIARY COMMITTEE CONVENER OF GANDHI SMRITHIVANAM WEEDS REMOVING COMMITTEE, PURAKKAD GRAMA PANCHAYATH, RESIDING AT KRISHNA PRIYA, PURAKKAD, AMBALAPUZHA. BY ADV. SRI.PEARLY JOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ALAPPUZHA. 3. PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AGENCY, ALAPPUZHA. 4. PURAKKAD GRAMA PANCHAYATH, REPRESENTED BY SECRETARY. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1TOR3 ADV. SRI.S.SANAL KUMAR FOR R4 SMT.BHAVANA VELAYUDHAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10311/2006 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMINISTRATIVE SANCTION NO.C72303 DTD. 26/03/03. EXT.P2; COPY OF LETTER NO.A2 69/03 DTD. 12/05/03 ADDRESSED TO THE DISTRICT MANAGER FOOD CORPORATION OF INDIA ALONG WITH THE ORDER OF THE 3RD RESPONDENT. EXT.P3: COPIES OF THE AGREEMENT EXECUTED BY THE PETITIONER AND THE 4TH RESPONDENT BEARING NO.3/02-03 AND 04/02-03 DTD. 21/04/03. EXT.P4: COPY OF THE ASSESSMENT REPORT SUBMITTED BY THE ASST.EXECUTIVE ENGINEER VIDE NO.D1/83/2004 DTD.22/03/04. EXT.P5: COPY OF LETTER DTD. 08/06/05. EXT.P6: COPY OF THE PETITION DTD. 09/07/05 ADDRESSED TO 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.10311 of 2006 ------------------------- Dated this the 7th day of November, 2008. JUDGMENT The Government took possession of 415 acres of paddy field in Purakkad Panchayat by name Manakkal Padasekharam lying in the Purakkad Grama Panchayat area for implementation of Gandhi Samridhi Van Programme. It seems that the project was meant for removal of water weeds, water hyacinth and other aquatic plants. 2. Going by the statement filed by the Panchayat, 8 persons died due to snake bite. The project conceived in 3 phases was for removal of water weeds from the area coming under the project. The petitioner was elected as the convener. He executed an agreement on 1.2.2003. The work started on 2.2.2008. Though there is a dispute as to whether the first phase has been completed to the utmost satisfaction of all persons concerned, there is no dispute that the first phase has actually been completed. W.P.(C).NO.10311/06 :: 2 :: 3. Going by the counter affidavit filed by the department, the first phase work was completed on 29.3.2003 and a bill for an amount of Rs.9,17,867/- was admitted by the Assistant Executive Engineer. A total quantity of 110 Mts of food grains were released to the Purakkad Grama Panchayat for release to the convener of the work. It is now common case that a quantity of 54.634 MTs paddy is yet to be released to the convener. This aspect is mentioned in Ext.P6 representation, which is pending before the 3rd respondent District Collector, who is competent to take a decision in this regard. 4. It is also not disputed that the cash component for the work done had been check measured and the bill amount for Rs.9,17,867/- is to be released, but it is yet to be released. Learned counsel for the petitioner submits that there is no decision for the release of the cash component to the Panchayat. W.P.(C).NO.10311/06 :: 3 :: 5. Going by the statement filed on behalf of the 4th respondent, I do not find any justification offered for the non-disbursal of the cash component to the convener, inasmuch as first phase of the work had been completed and the bill has been admitted and passed by the Assistant Executive Engineer. In the result, the writ petition is disposed of directing the 4th respondent to release to the petitioner the cash component for the work done as admitted under approval of the Assistant Executive Engineer, within one month from the date of receipt of a copy of this judgment. The second respondent shall consider and take appropriate action on Ext.P6 within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// W.P.(C).NO.10311/06 :: 4 ::