IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 10393 OF 2022
PETITIONER:
SHREYAS WAYANAD
(REG NO. SR.59/86) POST BOX NO. 77, SULTHAN BETHERY,
WAYANAD DISTRICT, PIN-673 592 REPRESENTED BY THE
AUTHORISED POWER OF ATTORNEY HOLDER . K.V.SHAJI, S/O
K.K. VARGHESE AGED 47 YEARS PROGRAMME OFFICER,
SHEEYAS, WAYANAD, RESIDING AT KAKKATTUKUDIYIL HOUSE,
SULTHAN BATHERY (PO), WAYANAD DISTRICT, PIN - 673592,
PIN - 673592
BY ADVS.
SUJITH MATHEW JOSE
ELIZEBATH GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCES, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURM-695 001, PIN - 695001
2 KERALA RURAL WATER SUPPLY AND SANITATION AGENCY
REPRESENTED BY ITS EXECUTIVE DIRECTOR, PTC TOWERS, SS
KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001
3 THE REGIONAL PROJECT DIRECTOR
REGIONAL PROJECT MANAGEMENT UNIT, KERALA RURAL WATER
SUPPLY AND SANITATION AGENCY, MMC.X/106-112, 2ND
FLOOR, UMK TOWER, MALAPPURAM-676 506.
4 THE KARUVARAKUNDU GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KARUVARUKUNDU P.O,
MALAPPURAM- 676 523
BY ADVS.
D.KISHORE
W.P. (C ) No. 10393 of 2022
2
U.K.DEVIDAS
R.MURALEEKRISHNAN (MALAKKARA)
GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C ) No. 10393 of 2022
3
V.G.ARUN, J.
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W.P. (C ) No. 10393 of 2022
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Dated this the 23rd day of June, 2022
JUDGMENT
The petitioner, a Non-Government Organisation (NGO), was selected as the support organization for implementing the World Bank Financed 'Jalanidhi Scheme' in the 4th respondent Grama Panchayath. The project was completed in the year 2018 and final bill, along with supporting documents, submitted. After two years, the 3 rd respondent issued Ext.P3, imposing a penalty of 25% of the total bill as penalty on the specious reason that the documents produced were not sufficient. According to the petitioner, those documents are to be submitted by the beneficiary group. The petitioner has sought reconsideration of Ext.P3 by submitting Exts.P4 and P5. The writ petition is filed aggrieved by non-consideration of the representations.
2. Learned counsel for the petitioner submitted that, in spite of repeated requests, the 3rd respondent is refusing to consider Exts.P4 and P5.
W.P. (C ) No. 10393 of 2022 4
3. I heard the learned Standing Counsel for the Kerala Water Authority also.
4. Considering the limited relief sought, the writ petition is disposed of directing the 2nd respondent to consider Exts.P4 and P5 and take a decision thereon, after affording an opportunity of hearing to the petitioner's representative. The decision, as directed above, shall be taken within two months of receipt of a copy of this judgment.
Sd/- V.G.ARUN JUDGE lsn W.P. (C ) No. 10393 of 2022 5 APPENDIX OF WP(C) 10393/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER DATED 24-09- 1986 Exhibit P2 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 30-04-2014 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE EXIT PROCEEDINGS OF THE 3RD RESPONDENT DATED 11-11-2020 Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED 12-
11-2020 OF THE PETITIONER SEND TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE REQUEST LETTER DATED 14-
07-2021 OF THE PETITIONER , SEND TO THE 3RD RESPONDENT.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN