IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 441 of 2008(C) ------------------------ PETITIONER: ------------ 1. RAJENDRAN, KUZHUMBANOOR HOUSE, THONDIYARA, YEROOR P.O., KOLLAM. 2. BHADRAN, S/O. NARAYANAN, PANAYIL VEEDU, PANDARAKONAM, ALANCHERRY, YEROOR P.O., KOLLAM. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, KOLLAM. 3. YEROOR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, YEROOR P.O., KOLLAM. BY ADV. SRI.R.ARUN RAJ FOR R3 R1 & 2 BY GOVERNMENT PLEADER SRI K.V.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 441 of 2008 -------------------------------------------------------- Dated: AUGUST 7, 2008 JUDGMENT Petitioners were the conveners of the committees constituted under the Special SGRY Food for Work Programme. Accordingly the 1st petitioner was entrusted the work in connection with the development of a colony and the 2nd petitioner, a road work. It is stated that they have completed the work to the satisfaction of the authorities. But, however, the Panchayat still owes them Rs.1,15,646/- and Rs.55,000/- respectively. It would appear that in terms of the provisions of the scheme, food grains were to be supplied in lieu of monetary payment towards a portion of the amount that is payable. It is stated that supply of food grains have not been received from the Central Government and hence the Panchayat could not supply food grains nor has it paid the amount towards the value thereof. WP(C) 441/08 2 2. Learned counsel for the Panchayat submits that they could not supply food grains for the reason that they did not get supplies from the Central Government. According to him, it is the liability of the Central Government either to give food grains or to make payment in monetary terms in lieu thereof. 3. It may be true that towards a part of the amount payable, food grains are to be supplied in terms of the scheme referred to above. However, as can be seen from Ext.P2, taking note of the non availability of food grains, the District Collector, Kollam, has issued a circular to the Panchayat requiring them to meet the balance amount of the completed work from the Panchayat fund or plan fund as directed by the Government in their circular No.2210/DP1/2006/LSGD dated 24.2.2006. From this it is obvious that taking note of the non availability of food grains supplied by the Central Government, the State Government have directed that the liability be met from the WP(C) 441/08 3 Panchayat fund or plan fund. If that be so, the non availability of food grains cannot be a reason for refusing payment of the amount that is due to the petitioners. 4. In view of the above reasons, I direct that the amount that is due to the petitioners shall be paid by the Panchayat, as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. 5. Petitioners shall produce a copy of this judgment before the respondent Panchayat for compliance. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-