IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2211 of 2009(S)
1. E.K. OUSEPH, AGED 81,
... Petitioner
2. K.K. THOMAS, AGED 67,
3. K.K. SUDHAKARAN, AGED 73,
4. T.A. JOSEPH,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF TREASURIES,
3. SUPERINTENDING ENGINEER,
4. MALA GRAMA PANCHAYATH,
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.A.C.DEVY
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :13/11/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
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W.P.(C) No.2211 of 2009
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Dated this the 13th day of November, 2009
JUDGMENT
A.K. Basheer, J.
In this public interest litigation, petitioners who are residents
of Mala in Thrissur District, primarily pray for issue of a writ in the nature
of mandamus or such other appropriate writ, order or direction to
respondent No.1 “to take immediate steps to set up the Anamanada Sub
Treasury at Mala in the land surrendered to the Government by the wife of
petitioner No.4 and another”.
2. Admittedly, the Sub Treasury is now working at
Annamanada, in a rented building, a few kilometres away from Mala. It
appears that two individuals from Mala, one of whom is the wife of
petitioner No.4, had gifted 6 cents of land at Mala free of cost to the
Government, so that a building for the Sub Treasury can be constructed and
it can be shifted from Annamanada to Mala.
3. We do not propose to refer to the protracted proceedings
that followed not only at the government level, but also before the Lok
Adalat. The Government decided to accept the land gifted to it and
construct a building for the Sub Treasury at Mala itself. A meeting was
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convened under the auspices of the Minister for Revenue and it was decided
that Mala Grama Panchayat will meet the entire expenses for the
construction of the said building. It was further decided that after
construction of the building and shifting of the Sub Treasury office to Mala,
the existing Sub Treasury office at Annamanada will continue as a one man
Sub Treasury.
4. When this writ petition came up for consideration, it was
submitted by the learned Standing Counsel appearing for the Grama
Panchayat that it has been decided that half of the cost of construction will
be met by Mala Grama Panchayat and the remaining half will be met by
the Block Panchayat and four other Grama Panchayats, namely Puthenchira,
Kuzhoor, Poyya and Alur who would be the beneficiaries of this new Sub
Treasury. The Secretary of the Grama Panchayat has filed an affidavit in
this regard stating that a sum of Rs.8,60,000/- has already been set apart for
this purpose being the contribution of Mala Grama Panchayat for execution
of the project. It is further submitted that the said amount would not be
utilized by the Grama Panchayat for any other purpose. The said affidavit is
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taken on record. It is also on record that Mala Grama Panchayat has
already met the expenditure of Rs.1,50,000/- for soil testing and other
preliminary works.
5. Having regard to the entire facts and circumstances of the
case, we do not deem it necessary to keep this writ petition pending on the
file of this Court any more. The writ petition is closed with a direction to
the Government and the Block and Grama Panchayats concerned to take
further necessary steps to complete the project as expeditiously as possible.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns