IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 10085 of 2008(A) -------------------------- PETITIONER: ------------ V.V.ANTONY, S/O.VAREED AGED 53 YEARS, RESIDING AT VARANADU HOUSE, KORATTY.P.O. THRISSUR DISTRICT. BY ADV. SRI.MANSOOR.B.H. SMT.C.SEENA RESPONDENTS: ------------------ 1. STATE KERALA REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. BLOCK PALNCHAYAT, REPRESENTED BY ITS SECRETARY CHALAKKUDY, THRISSUR DISTRICT. 3. THE DEPUTY TAHASILDAR, MUKUNDAPURAM TALUK, KODUNGALLUR. 4. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, THRISSUR. BY ADV. SRI. C.K. GOVINDAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No.10085 of 2008 ------------------------------------ Dated, this the 7th day of April, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of advance amount received for construction of a protection wall for a water canal. Even though petitioner claims that he has procured some material, it is conceded that work was cancelled and petitioner has not challenged cancellation of work. Obviously, there is no scope for directing completion of work awarded to the petitioner more than 8 years back. The relevancy of the work and the need for completion of the same and priority in execution of the work in the Panchayat have to be considered with reference to the current dispensation. Therefore, the petitioner is bound to repay the amount taken by him as advance. However, since the work was cancelled, I feel petitioner can be absolved of interest liability. This writ petition is, accordingly, disposed of directing respondents to dispense with interest, provided petitioner pays full advance amount on or before 30/04/2008. However, if petitioner does not make payment, entire arrears including interest should be recovered after 30/04/2008. Petitioner is free to remove the materials procured and retained by him at the site after payment of advance amount. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg