IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28688 of 2007(M)
1. YOHANAN,CHARUVILA KIZHIAKKETHIL,
... Petitioner
2. THANCKACHAN, CHARUVILA KIZHIAKKETHIL
3. JOY,THENGUVILA PUTHEN VEEDU,
4. JOHN,VALIYAVILA THEKKETHIL,
Vs
1. THE DISTRICT COLELCTOR,KOLLAM.
... Respondent
2. THE SOORANAD NORTH GRAMA PANCHAYATH,
3. THE SECRETARY,
4. KUNJUMON, PUTHEN VILA VEEDU,
5. THOMAS,CHAIRMAN BENEFICIARY COMMITTEE,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :27/09/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C)No.28688 OF 2007
...........................................................
DATED THIS THE 27TH SEPTEMBER, 2007
J U D G M E N T
The petitioners who were members of a beneficiary committee
which had taken up certain road works under the SGRY Scheme are
aggrieved by Ext.P1 notice under which the Panchayat has threatened
them with initiation of revenue recovery proceedings on the allegation
that the work was not even started though foodgrains worth
Rs.2,50,170/- were received by them. According to the petitioners,
the foodgrains were received not by them but by the 4th respondent.
They filed Ext.P2 representation in response to Ext.P1. Apart from
that, they have filed a detailed representation (Ext.P3) before the
District Collector also, raising their grievances.
2. I do not propose to go into the merits of the matter. Having
regard to the submissions of the counsel for the petitioners and those
of Sri.K.J.Mohammed Anzar, learned Government Pleader who has
taken notice on behalf of the 1st respondent, I dispose of the Writ
Petition issuing the following directions:-
The 3rd respondent will treat Ext.P2 as the petitioners’ reply to
Ext.P1, hear the petitioners and also respondents 4 and 5 and take a
decision regarding implementation of Ext.P1 at the earliest and at any
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rate within one month of the petitioners placing a copy of this
judgment. Similarly, the 1st respondent-District Collector is also
directed to consider Ext.P3 representation in the light of the averments
in the Writ Petition and to take a decision on Ext.P3 after hearing the
petitioners as well as respondents 4 and 5. Decision as directed above
will be taken by the District Collector at his earliest and at any rate
within two months of receiving copy of this judgment. It is open to the
petitioners to place before the District Collector copy of the decision, if
any, taken by the Panchayat Secretary pursuant to the above
directions. Considering the above directions, coercive action
pursuant to Ext.P1 will not be initiated against the petitioners for a
period of six weeks from today.
(PIUS C.KURIAKOSE, JUDGE)
tgl
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