IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 OP.No. 7886 of 2002(Y) -------------------------------- PETITIONER: ------------------- M.A.JOSEPH,MAMOOTIL HOUSE, SOUTH CHELLANAM, KOCHI-8. BY ADV. SRI.O.D.SIVADAS. RESPONDENTS: ----------------------- 1. THE SECRETARY,CHELLANAM GRAMA PANCHAYATH. 2. DEPUTY DIRECTOR OF PANCHAYTH, OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR,ERNAKULAM. 3. GOVERNMENT OF KERALA,REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVT.(H)DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.C. SANTHOSHKUMAR. FOR R2 & R3, ADV. SRI. PEEYUS A. KOTTAM FOR R1. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 7886/2002-L: ORDER ON C.M.P. NOS. 14186/2002 & 35572/2002 IN O.P. NO. 7886/2002 DISMISSED 03/09/2008. SD/- ANTONY DOMINIC, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE R.2. DTD. 27/11/1999. EXT.P.2: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE R.2. DTD. 17/01/2000. EXT.P.3: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE R.2, SECRETARY, CHELLANAM GRAMA PANCHAYATH AND THE DISTRICT COLLECTOR DTD. 20/02/2000. EXT.P.4: COPY OF THE COMMUNICATION ISSUED BY THE R.3. TO THE PETITIONER DTD. 24/06/2000. EXT.P.5: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.3. AGAINST THE COMMUNICATION DTD. 24/06/2000. EXT.P.6: COPY OF THE REPORT OF THE CIRCLE INSPECTOR OF POLICE, CITY TRAFFIC POLICE STATION, KOCHI CITY DTD. 30/04/2001. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE MINUTES OF DECISION NO.2 IN THE PANCHAYATH COMMITTEE MEETING HELD ON 16/05/2000. EXT.R1.B: COPY OF THE LETTER ISSUED BY THE CHELLANAM GRAMA PANCHAYATH DTD. 03/12/1999. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = O.P. No. 7886 OF 2002 L = = = = = = = = = = = = = = = = = Dated this the 3rd day of September 2008 J U D G M E N T The only prayer that is pressed before me is for a direction to the respondents to disburse an amount of Rs.12,000/- with 18% interest thereon. According to the petitioner, his son aged 3, died in a motor accident that occurred on 13.2.1999 when he was run over by a jeep bearing registration No. KL7/V 8633 belonging to the Chellanam Grama Panchayat. It is stated that the driver was not having a proper licence and taking into account the negligence of the driver on a representation made before the Government, the Panchayat was directed to pay compensation of Rs.12,000/-. It is in order to compel the Panchayat to release payment of this amount, the original petition is filed. 2. Apart from Ext. P4, there is nothing else to show that there is any order for paying the amount of Rs.12,000/- as claimed by the petitioner. Ext. P4 does not have the colour of any directions O.P. No. 7886 OF 2002 -2- requiring the Panchayat to make payment as claimed by the petitioner. Even otherwise no statutory provision has been brought to my notice enabling the Government to direct the Panchayat to make such a payment. The Panchayat has filed an affidavit denying its liability and also contending that it had resolved not to make any payment from the Panchayat funds. Yet another plea raised is that there is nothing in the Kerala Panchayat Raj Act enabling the Panchayat to make such payment. 3. It can be seen that neither the petitioner could establish that there is any binding direction requiring the Panchayat to make payment, nor could he establish that the Panchayat was under any obligation to make payment as claimed in the writ petition. 4. In the light of this, the only course open is to dismiss the original petition and I do so. ANTONY DOMINIC JUDGE jan/- ANTONY DOMINIC, J. O.P. No. 7886 OF 2002 -3- = = = = = = = = = = = = = O.P. No. 7886 OF 2002 L = = = = = = = = = = = = = J U D G M E N T 3--9--2008.