V.V.Manojkumar vs State Of Kerala
2022 Latest Caselaw 4506 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                       W.P.(C) NO.13603 OF 2022
PETITIONER:

          V.V. MANOJKUMAR,
          AGED 54 YEARS,
          PROPRIETOR, AMULYA WATER SUPPLY,
          ERAVIMANGALAM P.O., THRISSUR-680 751,
          RESIDING AT VAYKATTIL HOUSE,
          ERAVIMANGALAM P.O., THRISSUR-680 751.

          BY ADV K.I.SAGEER



RESPONDENTS:

   1      STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

   2      DIRECTORATE OF PANCHAYATH.
          PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM ROAD,
          UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM, PIN-695 033.

   3      DEPUTY DIRECTOR,
          PANCHAYATH,
          OFFICER OF THE DEPUTY DIRECTOR OF PANCHAYATH,
          G5CQ+QVH, KALYAN NAGAR, AYYANTHOLE,
          THRISSUR, PIN-680 003.

   4      THE DISTRICT COLLECTOR,
          G5CQ+GJ, FIRST FLOOR, CIVIL STATION,
          CIVIL LINES ROAD, KALYAN NAGAR,
          AYYANTHOLE, THRISSUR, PIN-680 003.

   5      PUTHUR GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY,
          PANCHAYATH OFFICE, PUTHUR,
          THRISSUR - 680014.
                               -2-
W.P.(C) NO.13603 OF 2022

    6    THE SECRETARY,
         PUTHUR GRAMA PANCHAYATH OFFICE,
         PUTHUR, THRISSUR - 680014.

 R1-R4   ADV. VENUGOPAL V., GOVERNMENT PLEADER

         BY ADV. SANTHOSH P.PODUVAL, STANDING COUNSEL,
 R5&R6
         PUTHUR GRAMA PANCHAYAT

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                -3-
W.P.(C) NO.13603 OF 2022


                           JUDGMENT

The above writ petition is filed seeking a direction to the

respondents to sanction and disburse an amount of Rs.13.64

lakhs to the petitioner towards supply of drinking water in the

light of Exts.P4 and P5 decisions of the 5 th respondent Grama

Panchayat. The contention of the petitioner is that, on the

strength of Ext.P3 agreement executed by the petitioner with

the 5th respondent on 01.04.2021, he has supplied drinking

water through tanker lorries in the drought affected wards of

the 5th respondent Panchayat. The grievance of the petitioner is

that huge amounts are due from the 5 th respondent towards

supply of drinking water. When the petitioner approached the

5th respondent with a request to disburse the amount due, he

was intimated that the amount can be paid only after the 1 st

respondent sanctions necessary funds towards the same and

that the 5th respondent Panchayat has addressed the 1 st

respondent Government as per Ext.P10 representation bearing

No.A2/5612/2021 dated 25.09.2021. Since the matter is now

pending before the 1st respondent to take a decision taken on

the request made by the 5th respondent, I deem it appropraite to

W.P.(C) NO.13603 OF 2022

dispose of the above writ petition with a direction to the 1 st

respondent to consider and pass orders on Ext.P10

representation dated 25.09.2021 submitted by the 5 th

respondent, within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

VIJU ABRAHAM JUDGE bpr

W.P.(C) NO.13603 OF 2022

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DECISION NO. 13/3 DATED 20.03.2021 OF THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE MINUTES DATED 31.3.2021 IN DECISION NO.1/1 OF THE 5TH RESPONDENT COMMITTEE.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 01.04.2021 BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE MINUTES NO. 5/2 DATED 12.05.2021 REGARDING THE MEETING CONVENED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE MINUTES DATED 11.08.2021 IN DECISION NO. 10/1 OF THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO. A2-5612/2021 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPIES OF THE LETTER DATED 25.09.2021 SEND BY THE PRESIDENT OF THE 5TH RESPONDENT PANCHAYATH TO THE MINISTER FOR LOCAL SELF GOVERNMENT.

EXHIBIT P8 TRUE COPIES OF THE LETTER DATED 25.09.2021 SEND BY THE PRESIDENT OF THE 5TH RESPONDENT PANCHAYATH TO THE MINISTER FOR REVENUE.

EXHIBIT P9 TRUE COPY OF THE LETTER NO. A2-5612/21 DATED 18.12.2021 ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER OF THE 6TH RESPONDENT NO. A2/5612/2021 DATED 25.09.2021 TO THE 1ST RESPONDENT.