IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 2211 of 2009(S) ---------------------------------- PETITIONERS: -------------------- 1. E.K. OUSEPH, AGED 81, S/O. KOCHU THOMMEN, EDATTUKARAN HOUSE, P.O. MALA, THRISSUR. 2. K.K. THOMAS, AGED 67, S/O. KUNHI PAULO, KALAPARAMBATHU HOUSE, MALA, THRISSUR. 3. K.K. SUDHAKARAN, AGED 73, S/O. LRISHNANKUTTY, KARAPPILLY HOUSE, P.O. KURUVILASSERY. 4. T.A. JOSEPH, AGED 72. S/O. ANTHAPPAN, RESIDSING AT THATTAKATHU HOUSE, MALA, THRISSUR. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 3. SUPERINTENDING ENGINEER, BUILDING AND LOCAL WORKS, PWD, THRISSUR. 4. MALA GRAMA PANCHAYATH, MALA.P.O, THRISSUR - 680 732, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 BY ADV. SRI.A.C.DEVY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.2211 of 2009 ------------------------------------------ Dated this the 13th day of November, 2009 JUDGMENT A.K. Basheer, J. In this public interest litigation, petitioners who are residents of Mala in Thrissur District, primarily pray for issue of a writ in the nature of mandamus or such other appropriate writ, order or direction to respondent No.1 “to take immediate steps to set up the Anamanada Sub Treasury at Mala in the land surrendered to the Government by the wife of petitioner No.4 and another”. 2. Admittedly, the Sub Treasury is now working at Annamanada, in a rented building, a few kilometres away from Mala. It appears that two individuals from Mala, one of whom is the wife of petitioner No.4, had gifted 6 cents of land at Mala free of cost to the Government, so that a building for the Sub Treasury can be constructed and it can be shifted from Annamanada to Mala. 3. We do not propose to refer to the protracted proceedings that followed not only at the government level, but also before the Lok Adalat. The Government decided to accept the land gifted to it and construct a building for the Sub Treasury at Mala itself. A meeting was W.P.(C) No.2211of 2009 - 2 - convened under the auspices of the Minister for Revenue and it was decided that Mala Grama Panchayat will meet the entire expenses for the construction of the said building. It was further decided that after construction of the building and shifting of the Sub Treasury office to Mala, the existing Sub Treasury office at Annamanada will continue as a one man Sub Treasury. 4. When this writ petition came up for consideration, it was submitted by the learned Standing Counsel appearing for the Grama Panchayat that it has been decided that half of the cost of construction will be met by Mala Grama Panchayat and the remaining half will be met by the Block Panchayat and four other Grama Panchayats, namely Puthenchira, Kuzhoor, Poyya and Alur who would be the beneficiaries of this new Sub Treasury. The Secretary of the Grama Panchayat has filed an affidavit in this regard stating that a sum of Rs.8,60,000/- has already been set apart for this purpose being the contribution of Mala Grama Panchayat for execution of the project. It is further submitted that the said amount would not be utilized by the Grama Panchayat for any other purpose. The said affidavit is W.P.(C) No.2211of 2009 - 3 - taken on record. It is also on record that Mala Grama Panchayat has already met the expenditure of Rs.1,50,000/- for soil testing and other preliminary works. 5. Having regard to the entire facts and circumstances of the case, we do not deem it necessary to keep this writ petition pending on the file of this Court any more. The writ petition is closed with a direction to the Government and the Block and Grama Panchayats concerned to take further necessary steps to complete the project as expeditiously as possible. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns