IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21360 of 2010(T) ---------------------------------- PETITIONER: --------------- T.J.NAZIRUDHEEN, S/O.JAMALUDHEEN, THUMBIKUNNATHU VEEDU, EDAMON P.O., KOLLAM DISTRICT. BY ADVS. MR.MANOJ RAMASWAMY MRS.MERIL MUTHU P.JOHN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. 2. DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. PIN - 695 001. 3. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KOLLAM, KOLLAM DISTRICT, PIN - 691 001. 4. THE ASSISTANT ENGINEER, KERALA STATE PWD, ANCHAL BLOCK OFFICE, ANCHAL, PIN - 691 306. 5. THENMALA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, GRAMA PANCHAYATH OFFICE, THENMALA, PIN - 691 365. ADV. MRS.K.R. DEEPA – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21360 OF 2010 --------------------------------------- Dated this the 9th day of July, 2010. J U D G M E N T The petitioner was the Convener of the beneficiary committee of the works under the S.G.R.Y 2003-2004 in the 5th respondent Grama Panchayath. The petitioner had undertaken two works namely, (1) Improvement of the Thenmala Grama Panchayath Road and (2) Look Out - Ottackal Railway Station Road. Certain amounts have been paid to the petitioner on completion of the project and according to the petitioner, the entire amounts have not been paid to him. 2. The grievance now raised is in respect of Exhibit P1 notice whereby the 5th respondent required the petitioner to remit Rs.3,01,371/- and Rs.81,085/- in respect of the above two works characterising that the same is the excess amount received including interest. Exhibits P2 to P5 are produced to show that the entire works have been completed to the satisfaction of the concerned. The Local Fund Audit after assessing the matter W.P.(C) No.21360/2010 2 issued proceedings on the basis of which Exhibit P1 notice was issued. 3. The petitioner's case is that he was not heard in the matter prior to the steps taken by the Local Fund Audit or till they finalised the matter. In these circumstances, the petitioner has sought for reconsideration of the matter by filing Exhibit P8 representation. It is submitted that Exhibit P8 has been forwarded to the 2nd respondent also. There will be a direction to the 2nd respondent to take a decision on Exhibit P8, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Till then further action pursuant to Exhibit P1 will be kept in abeyance. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent and the Panchayath. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp