IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6999 of 2006(G)
1. KENNEDY M. GESORGE, S/O. M.C. GEORGE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATHS,
3. THE SECRETARY, DISTRICT PANCHAYAT,
4. THE SECRETARY, VAIKOM MUNICIPALITY
5. THE SECRETARY, CHANGANACHERRY
6. THE SECRETARY, KOTTAYAM MUNICIPALITY
7. THE SECRETARY, PALA MUNICIPALITY,
For Petitioner :SRI.C.S.SUNIL
For Respondent :SRI.SIBY MATHEW
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :29/09/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.6999 OF 2006
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Dated this the 29th day of September, 2008.
J U D G M E N T
This writ petition is filed with the following prayers:
a) Issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1st respondent to
take immediate steps to implement the Government
orders Ext.P2 to 4 in its true spirit in the coming financial
year itself i.e. 2006-2007.
b) Issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1st respondent to
take effective steps to ensure that all Local Level
Committees in the State constituted as per the
provisions of the National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999 function properly.
c) Issue a writ of mandamus or other appropriate writ,
order or direction commanding the 2nd respondent to
ensure that all the Grama Panchayaths in the Kottayam
District to monitor the utilization of the plan fund by the
Local Self Government Bodies and ensure that
scholarship and allowance are paid to the school going
mentally retarded persons in the District.
It is seen from the counter affidavit that the panchayaths in
Kottayam District set apart 5% of their annual budget plan fund
for the welfare of the disabled, children and old persons and a
further 10% of the plan fund for women.
W.P.(C) No.6999/06 2
2. In case any panchayath has not utilized the amount thus
set apart for the welfare of the weaker sections, it will be open to
the petitioner to point out the same before the second
respondent, in which case, the second respondent/Ombudsman
for Local Self Government Institutions shall take prompt action in
accordance with law in the matter, expeditiously. It is also made
clear that the first respondent will ensure proper compliance with
the directions already issued in the G.O(MS) No.183/07 dated
24.07.2007.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No.6999/06 3
KURIAN JOSEPH, J.
W.P.(C) No. 6999 OF 2006
J U D G M E N T
29.09.2008