IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15633 of 2009(Y) -------------------------- PETITIONER: --------------- K.A JOSE, AGED 69 YEARS S/O AUGUSTY, KACHAPPILLY HOUSE, VATTAPARAMBU HOUSE, ERNAKULAM BY ADV. MR. M.R.VENUGOPAL MS. DHANYA P.ASHOKAN RESPONDENTS: --------------- 1. THE SERCRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT TRIBUNAL, THIRUVANANTHAPURAM 2. THE ASSISTANT DIRECTOR OF AGRICULTURE, NEDUMBASSERY, ERNAKULAM 3. THE DISTRICT COLLECTOR, ERNAKULAM 4. THE SPECIAL TAHASILDAR, OFFICER OF THE REVENUE SECRETARY, SPECIAL TAHASILDAR, ALUVA, ERNAKULAM 5. THE SECRETARY, PARAKKADAVU GRAMA PANCHAYATH, KURUMASSERYP.O, ERNAKULAM 683 579 R1 BY ADV. MR. AJITH KRISHNAN, STANDING COUNSEL R2 TO R5 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 15633 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of June, 2009 JUDGMENT The petitioner is a 'hexagenerian', elected as the convener and nominee to implement the work in deepening and widening of a 'thodu' in the 5th respondent Grama Panchayath. It is stated that in the course of operations pursued, the petitioner was given various amounts in connection with the work. However, observing that the petitioner has not actually performed the requisite extent of work, recovery proceedings at the instance of the 5th respondent have been initiated, which in turn was sought to be intercepted by filing W.P.(C) No. 2572 of 2008, leading to Ext.P12 judgment. 2. As per Ext.P12 verdict, the petitioner was permitted to pursue his remedy, either by filing a representation before the Government under Section 191 of the Panchayath Raj Act or to prefer an appeal before the Tribunal for Local Self Government Institutions, if such course was permissible in law. It is the case of the petitioner that he has already approached the first respondent by filing Ext.P13 petition under Section 191 of the Kerala Panchayath Raj Act, as directed by this Court in Ext.P12 verdict. The petitioner's grievance is that, despite filing the representation along with petition for stay, the same has not been considered at all and notwithstanding the pendency of the WP (C) No. 15633 of 2009 : 2 : proceedings as above, the 4th respondent is hastly proceeding with the Revenue Recovery steps as evident from Ext.P4, which hence is sought to be interfered by this Court. 3. Considering the facts and circumstances and the directions proposed to be given, this Court does not find it necessary to issue notice to the 5th respondent, for the time being. After hearing the learned Government Pleader appearing on behalf of respondents 1 to 4, the matter is disposed of, directing the first respondent to consider Ext.P13 representation along with petition for stay and appropriate orders shall be passed thereon in accordance with law, after giving an opportunity of hearing to the petitioner, if not already disposed of, as expeditiously and possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. It is also made clear that, till such appropriate orders are passed on Ext.P13, all further coercive steps pursuant to Ext.P4 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd