Kerala High Court
The Kuttippuram Grama Panchayath vs The Kuttippuram Grama Panchayath on 8 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 08TH DAY OF MARCH 2021/17TH PHALGUNA, 1942
RP.No.126 OF 2021 IN WP(C). 12801/2020
AGAINST THE JUDGMENT DATED 06.10.2020 IN
WP(C) 12801/2020(A) OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT IN WRIT PETITION:
THE KUTTIPPURAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
KUTTIPPURAM P. O., MALAPPURAM - 676 506.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN WRIT PETITION:
1 WELFARE SERVICES ERNAKULAM (REG.NO.ER-32/65),
PONNURUNNI, VYTTILA P.O., ERNAKULAM-682 019,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
FR.JOSEPH KOLUTHUVELIL.
2 STATE OF KERALA REPRESENTED BY
THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 KERALA RURUAL WATER SUPPLY AND SANITATION
AGENCY (KRWSA) REPRESENTED BY ITS
EXECUTIVE DIRECTOR, PTC TOWERS, SS KOVIL ROAD,
THAMPANOOR, THIRUVANANTHAPURAM-695 001.
4 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.
R4 BY ADV. SRI.D.KISHORE
GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08.03.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP No.126/2021 IN WP(C)No.12801/2020
2
ORDER
Dated this the 8th day of March, 2021
The Kuttippuram Grama Panchayath, who is the 4 th
respondent in the writ petition has preferred this Review
Petition.
2. By judgment dated 06.10.2020 in WP(C) No.
12801/2020, this Court directed the 3rd respondent-Regional
Project Director to convene a meeting inviting the petitioner
as well as the 4th respondent Grama Panchayath, find out
the extent of completion of work by the petitioner as per the
agreement and recommend settlement of bills in respect of
the work already completed by the petitioner, within a period
of two months. It is submitted by the review petitioner that
such a meeting was convened in which the Secretary of
Grama Panchayat participated and the recommendation
was to disburse the amount due to the writ petitioner.
RP No.126/2021 IN WP(C)No.12801/2020
3. The learned Standing Counsel for the review
petitioner contended that though the meeting conducted
pursuant to the directions of this Court made such a
recommendation, a large number of citizens are not getting
drinking water. According to the review petitioner, the writ
petitioner has not given water supply to the agreed number
of applicants. In the circumstances, if the amount is
disbursed, the review petitioner as well as a large number of
applicants for drinking water supply would put to untold
hardship and loss.
4. Heard.
5. From the pleadings in the writ petition, especially
from Ext.P4, this Court came to the conclusion that the work
in respect of construction of Jalanidhi II - Kuttippuram
Jalanidhi Jalavitharana Padhathi at Kuttipuram
Gramapanchayath have been completed successfully on
30.11.2017. The Project Commissioner has certified that
the entire works is executed in accordance with the
RP No.126/2021 IN WP(C)No.12801/2020
approved drawings and specification. The Project
Commissioner has further submitted that there are no
liabilities pending against this work. When the Project
Commissioner, who is responsible for the execution of the
work has certified so and when the meeting convened
pursuant to the directions of this Court in the judgment
dated 06.10.2020 also endorsed the decision, the 4 th
respondent cannot now come up before this Court and seek
to review the writ petition.
The review petitioner has not made a case for review
of the judgment. There is no error apparent on the face of
the records. Therefore the Review Petition is dismissed.
Sd/-
N. NAGARESH
JUDGE
ncd/08.03.2021
RP No.126/2021 IN WP(C)No.12801/2020
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE MINUTES OF THE
MEETING HELD AT THE OFFICE OF
REGIONAL PROJECT DIRECTOR DATED
05.11.2020.
ANNEXURE A2 TRUE COPY OF THE ORDER ISSUED BY THE
3RD RESPONDENT REGIONAL PROJECT
DIRECTOR, MALAPPURAM BEARING
NO.KRWSA-MLPM/3286/2017-MCD DATED
04.12.2020.
ANNEXURE A3 TRUE COPY OF THE MINUTES OF THE
URGENT MEETING OF THE PETITIONER
PANCHAYATH HELD ON 07.01.2021.
ANNEXURE A3(a) TRUE COPY OF THE AGENDA OF THE URGENT
MEETING OF THE PETITIONER PANCHAYATH
DATED 06.01.2021.
ANNEXURE A4 TRUE COPY OF THE COMPLAINT DATED
17.01.2021 RECEIVED FROM SRI ANVAR A.
ANNEXURE A4 (a) TRUE COPY OF THE COMPLAINT DATED
17.01.2021 RECEIVED FROM SMT. SULIKHA
MUTIYATHIL.
ANNEXURE A4(b) TRUE COPY OF THE COMPLAINT DATED NIL
RECEIVED FROM SRI MAHMOOD.
