IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 18400 of 2011(Y) -------------------------- PETITIONER: --------------- K.RAMACHANDRAN, GOVERNMENT CONTRACTOR, KAILAS, KALLUMKADAVU, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------- 1. THE PATHANAPURAM BLOCK PANCHAYAT, PATHANAPURAM, REPRESENTED BY ITS SECRETARY. PIN-691 680. 2. PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AUTHORITY, KOLLAM. 691 001. 3. THE ASSISTANT EXECUTIVE ENGINEER, DISTRICT RURAL DEVELOPMENT AUTHORITY, KOLLAM. 691 001. 4. THE DISTRICT LEVEL TECHNICAL ADVISORY COMMITTEE, REPRESENTED BY ITS CONVENER, DRDA, KOLLAM-691 010. 5. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM-695 001. 6. STATE OF KERALA, REP.BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (R.D.P-PA), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI.LEO GEORGE R3 TO R6 BY GOVERNMENT PLEADER SRI..BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, ALONG WITH WP (C) NO.29531 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 18400 of 2011(Y) ---------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF THE RELEVANT PAGE OF THE CONTRACT CERTIFICATE IN RESPECT OF AGREEMENT NO.08/03-04 DATED 26.06.03 ISSUED TO THE PETITIONER. EXT.P2. COPY OF THE RESOLUTION NO.3 DATED 27.03.2004 PASSED BY THE 1ST RESPONDENT. EXT.P3 COPY OF THE PETITION SUBMITTED BY THE PETITIONER DATED 26.07.2004 TO THE 1ST RESPONDENT. EXT.P4. COPY OF THE PETITION DATED 20.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5. COPY OF THE REPORT OF THE REVISED ESTIMATE PREPARED BY THE ASSISTANT ENGINEER OF THE 1ST RESPONDENT. EXT.P6. COPY OF THE JUDGMENT DATED 29.07.2005 IN WPC NO.33314/04 OF THIS HON'BLE COURT. EXT.P7. COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT AS PER EXHIBIT P6 JUDGMENT. EXT.P8. COPY OF THE COMMUNICATION NO.7448/R & 1. 1/04/CRD DATED 31.01.2006 ISSUED BY THE COMMISSIONER FOR RURAL DEVELOPMENT. EXT.P9. COPY OF THE MINUTES OF THE DLTC SUB GROUP A COMMITTEE HELD ON 23.08.2006. EXT.P10. COPY OF THE ORDER NO.T.S. ORDER T.S. 4/06-07 DATED 23.08.2006 ISSUED BY THE 4TH RESPONDENT. EXT.P11. COPY OF THE RESOLUTION NO.29 DATED 23.09.2006 PASSED BY THE 1ST RESPONDENT. EXT.P12. COPY OF THE LETTER VIDE NO.PBP.56/03/ DATED 30.09.2006 ISSUED BY THE 1ST RESPONDENT. VK WP(C).No. 18400 of 2011(Y) ---------------------------------- EXT.P13.COPY OF THE COMMUNICATION NO.3904/PA3/04/LSGD DATED 13.10.2004 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT. EXT.P14. COPY OF THE RESOLUTION NO.7 DATED 26.02.2007 PASSED BY THE 1ST RESPONDENT. EXT.P15. COPY OF THE COMMUNICATION VIDE NO.C/3565/2003 DATED 24.02.2007 ISSUED BY THE POVERTY ALLEVIATION UNIT, JILLA, PANCHAYATH, THEVALLY KOLLAM TO THE 5TH RESPONDENT. EXT.P16. COPY OF THE COMMUNICTION NO.7448 R & I 1/04/CRD DATED 09.03.2007 FROM 5TH RESPONDENT TO 6TH RESPONDENT. EXT.P17. COPY OF THE REQUEST DATED 08.03.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1T RESPONDENT. EXT.P18. COPY OF THE JUDGMENT DATED 28.11.2007 IN WPC NO.12472/2007. EXT.P19. COPY OF THE REJECTION ORDER NO.2176/RDPA 3/07 LSGD DATED 4.4.2007 ISSUED BY THE 46TH RESPONDENT. EXT.P20. COPY OF THE JUDGMENT DATED 12.11.2008 IN CONTEMPT CASE NO.1469/2008 OF THIS HON'BLE COURT. EXT.P21. COPY OF THE JUDGMENT DATED 27.05.2010 IN WPC NO.15921/2010 OF THIS HON'BLE COURT. EXT.P22. COPY OF THE ORDER DATED 7.6.2010 ISSUED BY THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN COMPLAINT NO.1413/2009. EXT.P23. COPY OF THE ORDER DTED 07.082010 IN COMPLAINT NO.1413/2009 OF THE OMBUDSMAN. EXT.P24. COPY OF THE LETTER NO.P.B.P. 705/10 DATED 10.8.2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P25. COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.8.2010. EXT.P26. COPY OF THE REPORT NO. P.B.P. 705./10 DATED 18.8.2010 FILED BY THE 1ST RESPONDENT TO THE OFFICE OF THE OMBUDSMAN. WP(C).No. 18400 of 2011(Y) ---------------------------------- EXT.P27. COPY OF THE ORDER DATED 08.09.2010 ISSUED BY THE HON'BLE OMBUDSMAN IN COMPLAINT NO.1413/2009. EXT.P28 COPY OF THE PETITION FILED BY THE PETITIONER DATED 23.9.2010 BEFORE THE HON'BLE OMBUDSMAN IN COMPAINT NO.1413/2009. EXT.P29. COPY OF THE ORDER PASSED BY THE HON'BLE OMBUDSMAN DATED 23.09.2010 IN COMPLAINT NO.1413/2009/. EXT.P30. COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 5.1.2011. EXT.P31. COPY OF THE COMMUNICATION NO.B.P. 705/10 DATED 30.03.2011 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ALONG WITH THE STATEMENT OF ACCOUNT. EXT.P32. COPY OF THE REPLY TO EXHIBIT P 31 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P33. COPY OF THE ORDER PASSED BY THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN O.P.NO. 178/2011 DATED 7.6.2011 . EXT.P34. COPY OF THE COMMUNICATION NO.PBP 705/10 DATED 22.11.2010 ISSUED BY THE SECRETARY , BLOCK PANCHAYATH. PATHANAPURAM TO THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS : NIL ----------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) Nos.18400/211 & 29531/2011 --------------------------------------- Dated this the 9th day of December 2011. JUDGMENT The writ petition No. 18400/2011 is filed challenging Exts.P19 and P31 and for other incidental reliefs. 2. Ext.P19 is the copy of the rejection order No. 2176/RDPA 3/07 of LSGD dated 4.4.2007 issued by the 6th respondent. Ext.P31 is the copy of the communication No. B.P.705/10 dated 30.3.2011 issued by the first respondent. 3. The connected writ petition No. 29531/2011 is filed seeking to quash Ext.P35 demand notice under the Revenue Recovery Act and for other incidental reliefs. 4. When the matter was taken up for consideration today, learned counsel for the petitioner in both writ petitions submits that the petitioners intend to prefer civil suits challenging the impugned orders referred above within a period of one month. W.P.(C) Nos.18400/2011 &29531/2011 2 Both the writ petitions are disposed of without prejudice to the right of the petitioners to pursue remedies before civil court. Proceedings initiated under the Revenue Recovery Act for realising the amount allegedly due from the petitioner in both writ petitions shall be kept in abeyance for a period of one month. HARUN-UL-RASHID JUDGE al