High Court Kerala High Court

O.Babu vs State Of Kerala on 18 September, 2007

Kerala High Court
O.Babu vs State Of Kerala on 18 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12508 of 2006(L)


1. O.BABU, RESIDING AT OTTAKKAL VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY,
                       ...       Respondent

2. M.K.CHENTHAMARAKSHAN, KALATHIL VEEDU,

3. THE DISTRICT COLLECTOR, MALAPPURAM.

4. THE SECRETARY,

5. THE SECRETARY, KALKULAM GIRIJAN

6. OMBUDSMAN REP. BY ITS REGISTRAR,

                For Petitioner  :SRI.S.KRISHNAMOORTHY

                For Respondent  :SRI.N.UNNIKRISHNAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/09/2007

 O R D E R
                            PIUS C. KURIAKOSE, J.
                 ..........................................................
                           W.P.(C)No.12508 OF 2006
                 ...........................................................
                 DATED THIS THE 18TH SEPTEMBER, 2007

                                  J U D G M E N T

The petitioner who was the convener of a beneficiary committee

which undertook the work of constructing a public road from Chokkad

Girijan Colony to L.P.School ground is aggrieved by Ext.P2 order of the

Ombudsman for Local Self Government Institutions wherein the

Panchayat Secretary has been directed to recover 200 quintals of rice

which had been entrusted with the petitioner as part of the

remuneration for the road construction work, on the reason that the

work has been completed only in part.

2. Heard Sri.S.Krishnamoorthy, learned counsel for the

petitioner, Sri.N.Unnikrishnan, learned counsel for the 4th respondent

and Sri.Shyson P.Manguzha, learned Government Pleader. I have gone

through the pleadings raised by the parties.

3. It is stated by the Panchayat in paragraph 2 of its counter

affidavit as follows:-

“In regard to the contention in para.2, page 3, it

is humbly submitted that the land belonging to

Dakshayani, Shobana Periyangad, Kovala Makkan and

Mathikaruvankund had been given to them by Kalkulam

Girijan Society. District Collector is the Chairman of

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the Society. Panchayat had addressed letter to the

District Collector for assigning this land for constructing

public road. But no fruitful result was materalised.”

It is thus clear that there is some merit in the case of the petitioner

that it was on account of occupancy of portions of road area by these

four persons that he was unable to complete execution of the work.

The petitioner alone cannot be blamed at any rate for the delay which

has been caused in executing the work.

4. The 3rd respondent is the District Collector who is also the

Chairman of the 5th respondent-Society. It is discernible from the

pleadings and the various materials placed on record that the four

persons mentioned in para.2 of the counter affidavit of the Panchayat

are presently in occupation of a portion of the land coming within the

alignment of the proposed road. It is submitted that these four

persons will have to surrender only portions of the land presently

under their occupation which is on the basis of the allotment by the

Collector under a certain welfare scheme. It is for respondents 4 and

5 to prevail upon these four persons and facilitate surrender of the

required portions by them so as to pave way for completing execution

of the work by the petitioner. The 3rd respondent-District Collector

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himself is the Chairman of the 5th respondent-Society which was

constituted with the objective of monitoring works like the present

one. The 3rd respondent will also do everything that is possible at his

end to ensure that the four persons also co-operate in the completion

of the work by the petitioner. Needful will be done in the matter by

respondents 3, 4 and 5 within four months of the petitioner placing

before them a copy of this judgment. Considering the above

directions, there will be a further direction that Exts.P2 and P4 will be

kept in abeyance for a period of six months. In the meanwhile, if so

advised, the petitioner can challenge Exts.P2 and P4 in accordance

with law.

The Writ Petition is disposed of as above.

(PIUS C.KURIAKOSE, JUDGE)
tgl

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