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