IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 7649 of 2007(I) ------------------------- PETITIONER(S): --------------- 1. K.GOPALAN SIVARAMAN, AGED 67 YEARS, AKSHARA (KUMARELIL), PUTHUVELI P.O., KOTTAYAM DISTRICT. 2. P.N.RADHAKRISHNAN, PURAMADATHIL, VELIYANNOOR P.O., THAMARAKKADU, KOTTAYAM DIST. 3. M.N.RAMAKRISHNAN, MAILADOOR HOUSE, VELIYANNOOR P.O., KOTTAYAM DISTRICT. 4. JOHN ITTIYAVIRAH, URAVAKKUZHIYIL, VELIYANNOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.K.K.SABU SRI.MATHEW ABRAHAM RESPONDENT(S): --------------- 1. THE SECRETARY, VELIYANNOOR GRAMA PANCHAYATH. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF DEPARTMENT, THIRUVANANTHAPURAM. *ADDL. R3. MR. MATHEW THOMAS, THANDANOLICKAL HOUSE, AREEKKARA, VELIYANNOOR.P.O., KOTTAYAM DISTRICT. (IS IMPLIADED AS ADDITIONAL R3 AS PER ORDER DTD. 20.3.07 IN I.A. 3911/07) GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7649 of 2007 EXHIBITS ----------- PETITIONER'S EXHIBITS ------------------------------ P1: TRUE COPY OF NOTICE DT.11.7.06 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER. P2: TRUE COPY OF THE REPRESENTATION DT.24.7.06 TO THE EXHIBIT P1 NOTICE BY THE 1ST PETITIONER TO 1ST RESPONDENT . P3(a): TRUE COPY OF THE R.R. DEMAND NOTICES DT.12.2.07 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER. P3(b): TRUE COPY OF THE R.R. DEMAND NOTICED DT.12.2.07 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. P3(c): TRUE COPY OF THE R.R. DEMAND NOTICED DT.12.2.07 ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER. P4(d): TRUE COPY OF THE R.R. DEMAND NOTICED DT.12.2.07 ISSUED BY THE 1ST RESPONDENT TO THE 4TH PETITIONER. P4: TRUE COPY OF THE PANCHAYATH COMMITTEE DECISION HELD ON 26.6.04 AND 19.7.04 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS. P5: TRUE COPY OF THE LETTER DT.5.5.06 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN,J. ................................................................... WP(C) NO. 7649 of 2007 ......................................... Dated this the 8th day of April, 2010 J U D G M E N T The petitioners were members of the first respondent Grama Panchayath during 2000-05. A work was alloted to the additional third respondent by depositing security amount for that work. Later, the third respondent, though he completed the work, applied to the Grama Panchayat for return of the security deposit on the ground that he had suffered a loss of Rs.26,000/-. That was recommended by the Panchayath directing the Secretary of the Panchayath to inform the matter to the Government and if no reply is received within 15 days, to implement that decision. The impugned revenue recovery proceedings has been initiated on the premise that the security deposit was released before the period for completion of the work. It is not disputed that the third respondent had done the work. The matter was entirely within the jurisdiction of the Panchayath committee to decide regarding the return of the WP(C) NO. 7649 of 2007 2 security amount. The mere fact that the amount was returned before the period fixed for the completion of the work is not a ground to initiate revenue recovery proceedings against the members of the Panchayath. Accordingly, the writ petition succeeds. The impugned recovery proceedings (Exhibit P3(a) to P3(d)), RR demand notices are hence quashed. Writ petition allowed accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE. rkc