IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 9443 of 2009(A) ------------------------------------- PETITIONER(S): ---------------------- M.G. MURALEEDHARAN NAIR, S/O.GOPALA PILLAI, NANDANAM, KADAPRA P.O., MARANGATTUPADY, KUMBANADU, THIRUVALLA. BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 3. DEPUTY DIRECTOR OF PANCHAYATS, OFFICE OF THE DIRECTOR OF PANCHAYATS, PATHANAMTHITTA. 4. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, PATHANAMTHITTA. 5. THE DISTRICT PANCHAYAT, OFFICE OF THE DISTRICT PANCHAYAT, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. 6. THE PRESIDENT, DISTRICT PANCHAYAT, OFFICE OF THE DISTRICT PANCHAYAT, PATHANAMTHITTA. 7. THE EXECUTIVE ENGINEER, LSGD, DISTRICT PANCHAYAT DIVISION, PATHANAMTHITTA. WP(C) NO. 9443/2009-A 8. THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, LSGD SECTION, KOIPURAM. 9. KOIPURAM GRAMA PANCHAYAT, OFFICE OF THE KOIPURAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY. 10. ASSISTANT EXECUTIVE ENGINEER, LSGD SUB DIVISION, KOIPURAM BLOCK PANCHAYAT. R1 TO R4, R7, R8 & R10 BY GOVERNMENT PLEADER MR.V. MANU. R5 BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.S.A.ANAND . R9 BY ADV. MR.R.GIREESH VARMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9443/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ESTIMATE PREPARED BY RESPONDENT NO.8 AND FORWARDED TO RESPONDENT NO.10. EXT.P2: COPY OF THE COMPLETION CERTIFICATE ISSUED BY RESPONDENT NO.9. EXT.P3: COPY OF THE COMUNICATION DATED 26/02/2007 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.5. EXT.P4: COPY OF THE PROJECT PROFORMA DATED 06/01/2007 ISSUED BY RESPONDENT NOS.5 AND 7. EXT.P5: COPY OF THE JUDGMENT DATED 17/09/2007 IN WP(C) NO. 21381/2007 PASSED BY THIS HONOURABLE COURT. EXT.P6: COPY OF THE ORDER DATED 06/11/2007 PASSED BY THIS HONOURABLE COURT IN IA NO.14622/2007 IN WP(C) NO. 21381/2007. EXT.P7: COPY OF THE ORDER DATED 07/01/2008 PASSED BY THIS HONOURABLE COURT IN IA NO.16/2008 IN WP(C) NO. 21381/2007. EXT.P8: COPY OF THE REPRESENTATION DATED 15/02/2008 SUBMITTED BEFORE RESPONDENT NO.1. EXT.P9: COPY OF THE JUDGMENT DATED 27/03/2008 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 10402/2008. EXT.P10: COPY OF THE ORDER DATED 30/06/2008 ISSUED BY RESPONDENT NO.1. EXT.P11: COPY OF THE COMMUNICATION DATED 07/02/2009 ISSUED BY THE PUBLIC INFORMATION OFFICER, DISTRICT PANCHAYAT, PATHANAMTHITTA. EXT.P12: COPY OF THE RESOLUTION BEARING NO.II(2) DATED 20/09/2008 ADOPTED BY THE DISTRICT PANCHAYAT, PATHANAMTHITTA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9443 OF 2009 (A) ---------------------------------------------------- Dated this the 3rd day of February, 2010 J U D G M E N T Necessity to repair a Panchayat road, viz, Dyemukku- Marangattupady Road is what is highlighted in the writ petition. 2. Petitioner is a resident of Ward No.XIII of 9th respondent Grama Panchayat, in whose jurisdiction the aforesaid road is situated. It is stated that for want of repairs the road is not in a motorable condition for the last several years. In the year 2005- 06, the 5th respondent prepared Ext.P1 estimate for repair of the road. However, it is alleged that the funds were diverted and were utilized elsewhere, although it was shown that the amount was made use of to repair the road in question. It is stated by the petitioner that there is a vigilance case pending against the alleged diversion of funds. 3. Again in 2006-2007, the District Panchayat prepared Ext.P4 estimate for repairing the road. Nothing was done in pursuance there of. Petitioner represented the matter before various authorities and had also approached this court on two occasions resulting in directions for considering his grievance. WPC.No.9443 /09 :2 : The matter ultimately concluded in Ext.P10 Government Order. Even thereafter there was no progress in the matter and therefore the writ petition was filed. 4. When then writ petition came up for orders before this court on 8.1.2010, the matter was heard in part and the 5th respondent took the position that the road falls within the jurisdiction of the 9th respondent and therefore there was no obligation to the 5th respondent to repair the road. Taking into account the submission so made, the 9th respondent was directed to file an affidavit as to why the repair shall not be carried out in compliance with the said order. The 9th respondent has filed an affidavit dated 19th January, 2010. From paragraph 4 of the counter affidavit it is obvious that the 9th respondent is accepting its liability to repair the road, but, according to it, such repair is possible only when the maintenance grant is received for the year 2010-2011. It is also made clear before me that this project will also be included in the budget to avail of the funds from the Government. Therefore, I record the aforesaid averments in paragraph 4 of the counter affidavit filed by the 9th respondent and also record the submission made by the counsel for the 9th WPC.No.9443 /09 :3 : respondent that the 9th respondent will include the road project in the financial year and obtain maintenance fund due, for the maintenance of the road during the financial year 2010-2011. This of course is subject to the availability of funds. 5. Petitioner has yet another grievance that there is no progress in the vigilance case registered following the diversion of funds that were allotted for the year 2005-2006. Government Pleader on instructions submits that the Vigilance Enquiry has been concluded and the departmental action has been recommended against two Engineers N. Shaji and P.K. Thankappan. This submission is also recorded. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.9443 /09 :4 :