IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 16131 of 2008(U) -------------------------- PETITIONER: -------------- S.AJEESH, S/O.P.N.SRIDHARANKUTTY, AGED 39 YEARS, KAITHAKONATHOTTAM HOUSE, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. PATHANAMTHITTA DISTRICT PANCHAYATH REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R2 SMT.N.SANTHA FOR R2 SRI.S.A.ANAND FOR R2 SRI.PETER JOSE CHRISTO FOR R2 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16131/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, BLOCK PANCHAYAT, PARAKODE. EXT.P2: TRUE COPY OF THE PART BILL SUBMTITED BY THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT, PATHANAMTHITTA. EXT.P3: TRUE COPY OF THE FINAL BILL SUBMITTED BY THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT DIVISION, DISTRICT PANCHAYAT, PATHANAMTHITTA. EXT.P4: TRUE COPY OF CIRCULAR NO.2210/DPI/2006/LSGD DTD.24.2.2006 ISSUED BY THE STATE OF KERALA. EXT.P5: TRUE COPY OF THE JUDGMENT DATED 31.3.2008 INW PC NO.18881 OF 2007 OF THE HON'BLE HIGH COURT OF KERALA. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 16131 OF 2008 U ==================== Dated this the 11th day of August, 2008 J U D G M E N T Petitioner had executed certain works under the SSGRY Scheme as per an agreement executed on 28/2/2006 between himself and the 2nd respondent District Panchayat. In terms of the scheme, in lieu of the amount payable towards portion of the value of the work, food grains are to be supplied to the petitioner. According to him, neither food grains is released nor has the respondents released payment towards the value thereof by including the work in the plan fund. Counsel for the petitioner is referring to Ext.P4, a circular issued by the Government of Kerala in this behalf and also Ext.P5, a judgment rendered by this court in WP(C) NO.18881/07, directing extension of the benefit of Ext.P4. 2. I heard the learned Government Pleader and also the counsel who entered appearance on behalf of the 2nd respondent District Panchayat. 3. Since the fact that the petitioner has completed the WPC 16131/08 :2 : work under the scheme referred to above is not in dispute, necessarily the petitioner is entitled to have supplied food grains or the value thereof in the manner as provided in Ext.P4. This is all the more for the reason that identical relief has been granted in Ext.P5 judgment. 4. In view of the above, the writ petition is disposed of directing that the 1st respondent shall gather information from the concerned as to whether food grains are available for releasing to the petitioner and inform the same to the 2nd respondent. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. It is directed that once intimation is received by the 2nd respondent as above, necessary action for getting the amount released to the petitioner shall be taken by the 2nd respondent. In case if food grains are not available, necessarily the work in question will be included in the plan fund of the Panchayat. Since the matter relates to the year 2006-07, I direct that if the report is to the effect that the WPC 16131/08 :3 : food grains are not available, the work in question shall be included by the Panchayat in the plan fund itself. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp