IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 7971 of 2009(N) -------------------------------------- PETITIONER(S): ------------------------ S.MURALEEDHARAN, KUNNATHUKONATHU VEEDU, SHANTHIPURAM,CHEMPAZHANTHY P.O., SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. MR.AJITH KRISHNAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVT.DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, DISTRICT RURAL DEVELOPMENT AGENCY, THIRUVANANTHAPURAM - 695 014. 4. THE ASSISTANT ENGINEER, KAZHAKUTTOM BLOCK PANCHAYATH, KAZHAKUTTOM, THIRUVANANTHAPURAM. 5. KAZHAKUTTOM BLOCK PANCHAYATH, REPRESENTED BY ITS SECRETARY, KAZHAKUTTOM BLOCK PANCHAYATH OFFICE, KAZHAKUTTOM, THIRUVANANTHAPURAM. 6. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1,R2 & R6 BY GOVERNMENT PLEADER MR.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7971/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER G.O.(RT) NO.1101/24 RD DTD. 17/02/2004. P2: COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT VIDE LETTER NO.A-18-31443/05 DTD. 13/05/2005. P3: COPY OF THE LETTER NO.H2/930/05 DTD. 26/04/2005 ISSUED BY THE PROJECT OFFICER DRDA. P4: COPY OF THE ESTIMATE FOR RS.3,00,000/- P5: COPY OF THE AGREEMENT NO.57/2005-06 DTD. 27/08/05 EXECUTED BETWEEN THE PETITIONER AND 5TH RESPONDENT. P6: COPY OF THE LETTER NO.A3-1483/05 DTD. 27/12/2005. P7: COPY OF THE REPRESENTATION DTD. 21/01/2009 BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7971 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of September, 2009. JUDGMENT The petitioner alleges that he did a work for the Kazhakuttom Block Panchayat as the convenor of a beneficiary committee. This appears to be disputed by the District Collector. It is for the Block Panchayat to state whether the petitioner was the convenor of a beneficiary committee and whether any work has been done. If the petitioner has done the work under proper instructions, those liable to pay funds cannot wash off their hands. At the same time, if the petitioner has not done the work as claimed by him, he cannot make easy money. But there should be definiteness in matters like this. It is unfortunate that the Block Panchayat has chosen not to appear till now in spite of notice by speed post. Accordingly, leaving open all issues, the petitioner and the WP(C)7971/09 -: 2 :- competent authority in the Kazhakuttom Block Panchayat are directed to appear before the District Collector, Thiruvunanthapuram on 6.10.2009 to mark their appearance so that the District Collector can fix a date of hearing, look into the necessary files and issue orders resolving the dispute. The writ petition is ordered accordingly. The petitioner will serve a copy of the writ petition and a copy of this judgment to the District Collector and also to the Block Panchayat. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160909