Rekha V vs Kuttikole Grama Addlanchayath
2022 Latest Caselaw 2670 Ker

W.P.(C) No.3687 of 2015                1


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                             WP(C) NO. 3687 OF 2015
PETITIONER:

               REKHA V.
               AGED 21 YEARS
               W/O.SURESH R, MALAMKUNDU HOUSE, BANDADUKKA P O, CHENKALA
               VIA, KASARAGOD
               BY ADV SRI.T.G.RAJENDRAN


RESPONDENTS:

      1        KUTTIKOLE GRAMA ADDLANCHAYATH
               REP BY SECRETARY, KUTTIKOLE P O, CHENGALA
               KASARAGOD DIST-671541
      2        SECRETARY
               KUTTIKOLE GRAMA PANCHAYATH, KUTTIKOLE P O, CHENGALA VIA,
               KASARAGOD-671541
      3        STATE OF KERALA
               REP BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM-
               695001

               R3 BY SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER
               R1 BY SRI.M.SASINDRAN
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3687 of 2015                         2




                                          JUDGMENT

Petitioner has sought for the following reliefs:

i)Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to disburse the financial aid to the petitioner as per project No.7/14.

ii) Grant such other reliefs prayed for from time to time including cost of these proceedings.

2. Brief material facts for the disposal of the writ petition are as follows;

petitioner belongs to Malavettuva Community, a Scheduled Caste and hails from

economically backward family. She applied for financial assistance for her marriage,

which was solemnized on 7.4.2012 before the Kuttikole Grama Panchayat - the 1 st

respondent. Pursuant to the application made by the petitioner, the respondent

Panchayat sanctioned to give financial assistance to the petitioner as per the

proceedings in Project No.7/2014. There were 10 applicants including the petitioner,

out of which, 4 were included in the waiting list. It is the case of the petitioner that

she was ranked 1st in the said list with 100 marks as per Exhibit P2 proceedings in

Project No.7/2014. Thereafter, the Secretary of the Grama Panchayat - the 2 nd

respondent sent a letter on 19.11.2013 calling upon the petitioner to produce

documents to receive the sanctioned amount. It is submitted that petitioner

submitted all required documents before the Secretary on the same day itself.

However, Panchayat did not pay the sanctioned amount assigning certain

frivolous reasons.

3. On enquiry, petitioner understood that the benefit was given to some

other persons. Thereupon, a notice was issued by the petitioner and to the

same, Exhibit P3 reply was issued by the Secretary of the Grama Panchayat,

assigning the reason that the Scheme in question was available for the persons

married between 2013 to 2014 financial year and since the petitioner has taken

steps on 7.4.2012, petitioner is not entitled to get the benefit of the same. It is

thus challenging the legality and correctness of Exhibit P3 order of the

Panchayat dated 23.12.2014, the writ petition is filed.

4. I have heard learned counsel for petitioner Sri.T.R.Rajendran, learned Senior

Government Pleader Sri.K.P.Harish appearing for the State and perused the pleadings

and materials on record.

5. Admittedly, the Scheme for assistance to conduct the marriage was within

the period 2013- 2014 financial year. Exhibit P1 marriage certificate produced by the

petitioner would show that the marriage of the petitioner was on 7.4.2012, and it was

registered on 30.7.2012. Taking into account the said factual circumstances, it cannot

be said that petitioner is entitled to the benefit of the Scheme, which was available

during the financial year 2013-2014.

6. Assimilating the facts and circumstances so, it cannot be said that Exhibit P3

communication issued by the Secretary of the Grama Panchayat is in any way

arbitrary and illegal, liable to be interfered with by this Court in a proceeding under

Article 226 of the Constitution of India.

Needless to say, writ petition fails, accordingly it is dismissed.

Sd/-

                                                        SHAJI P.CHALY
smv                                                        JUDGE




                          APPENDIX OF WP(C) 3687/2015

PETITIONER EXHIBITS
                           P1:-TRUE COPY OF THE MARRIAGE CERTIFICATE OF
                           THE PETITIONER DT.30.7.12
                           P2:-A TRUE COPY OF THE PROCEEDINGS OF THE IST
                           RESPONDENT IN PROJECT NO 7 & ENGLISH
                           TRANSLATION
                           P3:-TRUE COPY OF THE REPLY OF THE IST
                           RESPONDENT DTD 23/12/2014 & ENGLISH
                           TRANSLATION