High Court Kerala High Court

S.Ajeesh vs The District Collector on 11 August, 2008

Kerala High Court
S.Ajeesh vs The District Collector on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16131 of 2008(U)


1. S.AJEESH, S/O.P.N.SRIDHARANKUTTY,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
                       ...       Respondent

2. PATHANAMTHITTA DISTRICT PANCHAYATH

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  :SRI.S.P.ARAVINDAKSHAN PILLAY

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/08/2008

 O R D E R
                       ANTONY DOMINIC, J.

                      ===============
                  W.P.(C) NO. 16131 OF 2008 U
                 ====================

              Dated this the 11th day of August, 2008

                          J U D G M E N T

Petitioner had executed certain works under the SSGRY

Scheme as per an agreement executed on 28/2/2006 between

himself and the 2nd respondent District Panchayat. In terms of

the scheme, in lieu of the amount payable towards portion of the

value of the work, food grains are to be supplied to the

petitioner. According to him, neither food grains is released nor

has the respondents released payment towards the value thereof

by including the work in the plan fund. Counsel for the petitioner

is referring to Ext.P4, a circular issued by the Government of

Kerala in this behalf and also Ext.P5, a judgment rendered by this

court in WP(C) NO.18881/07, directing extension of the benefit of

Ext.P4.

2. I heard the learned Government Pleader and also the

counsel who entered appearance on behalf of the 2nd respondent

District Panchayat.

3. Since the fact that the petitioner has completed the

WPC 16131/08
:2 :

work under the scheme referred to above is not in dispute,

necessarily the petitioner is entitled to have supplied food grains

or the value thereof in the manner as provided in Ext.P4. This is

all the more for the reason that identical relief has been granted

in Ext.P5 judgment.

4. In view of the above, the writ petition is disposed of

directing that the 1st respondent shall gather information from the

concerned as to whether food grains are available for releasing to

the petitioner and inform the same to the 2nd respondent. This

shall be done, as expeditiously as possible, at any rate within 4

weeks of production of a copy of this judgment. It is directed

that once intimation is received by the 2nd respondent as above,

necessary action for getting the amount released to the petitioner

shall be taken by the 2nd respondent. In case if food grains are

not available, necessarily the work in question will be included in

the plan fund of the Panchayat. Since the matter relates to the

year 2006-07, I direct that if the report is to the effect that the

WPC 16131/08
:3 :

food grains are not available, the work in question shall be

included by the Panchayat in the plan fund itself.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp