IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 37589 of 2007(Y) -------------------------- PETITIONER: ------------ 1. K.B.RADHAKRISHNAN NAIR, ILLATHE, MADAKKAKUNNU P.O., ERNAKULAM, KOTTAYAM DISTRICT. 2. ROY JOSEPH, PANTHALANIKKAL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY. 3. K.C.JOSEPH, KANDASSERIL HOUSE, KOOVAPALLY P.O., KANJIRAPALLY. 4. JOSE MATHEW, NARITHUKKIL HOUSE, PALAMPARA P.O., KANJIRAPALLY. 5. O.S.NANDAKUMAR, OLICKAL HOUSE, ELIKULAM, KOTTAYAM DISTRICT. 6. P.G.JANARDANAN NAIR, PADINJATHEL HOUSE, ELAMKULAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JOMY GEORGE RESPONDENTS: ------------- 1. KANJIRAPALLY BLOCK PANCHAYAT, REPRESENTED BY BLOCK DEVELOPMENT OFFICER, KANJIRAPALLY, KOTTAYAM DISTRICT. 2. PAMPADY BLOCK PANCHAYAT, REPRESENTED BY BLOCK DEVELOPMENT OFFICER, PAMPADY, KOTTAYAM DISTRICT. 3. EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, KOTTAYAM. 4. PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY, KOTTAYAM. WP(C) No. 37589/2007 5. DISTRICT COLLECTOR, KOTTAYAM. 6. STATE OF KERALA, REPRESENTED BY PRINCIPLE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SHRI.K.J.MOHAMMED ANZAR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 37589 of 2007 --------------------------------- Dated, this the 18th day of February, 2008 J U D G M E N T The grievance voiced by the petitioners, who are the convenors of beneficiary committee constituted by respondents 1 & 2 Block Panchayats for doing flood relief works pursuant to allotment of funds by the Disaster Management Department by meeting the funds from the head of account 2245-02-106-99- Repairs and Restoration of damaged roads and bridges, is that the 5th respondent District Collector is diverting the utilisation of the funds allotted to that head of account for clearing the arrears of bills due to PWD contractors, who had carried out Flood Damages Repairs, described in Ext.P7 list. According to the petitioners, funds have been allotted for the execution of Ext.P7 works from out the head of account 3054-80-800-96-00 and therefore it is not just and lawful to divert the fund which has been allotted to separate head of account 2245-02-106-99 for payment to the contractors. My attention was drawn by Shri.Jomy George, learned counsel for the petitioner, to the judgment of the Full Bench of this Court, Ext.P10, wherein this Court permitted the Government to prepare separate State-wise priority list for each Department based on the WP(C) No. 37589/2007 -2- registration of bill and directed payments from the funds allocated to the department concerned on the basis of the priority in the list. The observations in paragraphs 6 to 8 of Ext.P10 were highlighted before me by the learned counsel. 2. I have heard the submissions of Shri. K.J.Mohammed Anzar, learned Government Pleader also. He submitted that the interim orders already passed are justifiable in the light of the Full Bench judgment, Ext.P10. As regards prayer No.(a) in the writ petition, he submitted that the said prayer cannot be granted straight away since payment of bills can only be on the basis of seniority of registration of bills submitted by the persons coming within the very same category i.e. the persons who are to be released payments from out of the head of account 2245-02-106- 99- Repairs and Restoration of damaged roads and bridges. 3. No counter affidavit has been filed. On 18/12/2007, I have passed an interim order directing the 5th respondent District Collector, Kottayam not to divert and utilise the fund allotted to the head of account Flood Relief Repairs and Restoration of damaged roads and bridges, account No.2245-02-106-99 for clearing the arrears of bills due to the contractors and I have also directed that WP(C) No. 37589/2007 -3- among registered bills coming within the category, to which the petitioners belong, seniority will be followed. By a subsequent order passed in I.A.No.367/2008, the above interim order was made applicable to the 3rd and 6th respondents also. 4. Under these circumstances, I am of the view that the writ petition itself can be disposed of confirming the interim orders so passed. Accordingly, the following directions are issued. The respondents 5 & 6 are directed not to divert and utilise funds alloted to the head of account Flood Relief Repairs and Restoration of damaged roads and bridges, account No.2245-02-106-99 for clearing the arrears of bills amount pending in the PWD. There will be a further direction that the State wise priority of registration of bills will not be violated while making payments to the petitioners and similar persons who are to be paid from out of the head of account 2245-02-106-99. This writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) jg