Kerala High Court

P.V.Mohandas vs Elappara Grama Panchayat on 7 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                     WP(C) NO. 17852 OF 2014
PETITIONER:

           I ALI
           S/O IBRAHIM, SSA MANZIL,
           NEAR GOVERNMENT HOSPITAL, VADAKKENCHERRY,
           PALAKKAD DISTRICT.
           BY ADV SRI.P.R.VENKATESH

RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           LOCAL SELF GOVERNMENT, EPB DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2     ELAPPARA GRAMA PANCHAYAT
           IDUKKI REPRESENTED BY ITS SECRETARY-685602.
           BY ADVS.SRI.B.S.SYAMANTAK, GP
           SRI.FIROZ K.ROBIN
           SRI.J.JULIAN XAVIER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.02.2024,   ALONG   WITH   WP(C).30542/2015   AND   CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

                                   2




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                     WP(C) NO. 19284 OF 2014
PETITIONER:

             P.V.MOHANDAS
             VETTIKKUDA VEEDU, COURT ROAD, ALATHUR.
             PALAKKAD
             BY ADV SRI.P.R.VENKATESH

RESPONDENT:

             ELAPPARA GRAMA PANCHAYAT
             IDUKKI REPRESENTED BY ITS SECRETARY 685 588.
             BY ADVS.
             SRI.FIROZ K.ROBIN
             SRI.J.JULIAN XAVIER


      THIS    WRIT   PETITION     (CIVIL)    HAVING   COME   UP   FOR
ADMISSION ON 07.02.2024, ALONG WITH WP(C).17852/2014
AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

                                   3




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                     WP(C) NO. 30542 OF 2015


PETITIONER:

           SADASIVAN S
           AGED 56 YEARS
           S/O.SANKARAN, SREEKRISHNA BHAVAN, HALIBURIYA,
           ELAPPARA, IDUKKI DISTRICT.
           BY ADV SRI.P.R.VENKATESH

RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           LOCAL SELF GOVERNMENT, EPB DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2     ELAPPARA GRAMA PANCHAYAT
           IDUKKI-685 501, REPRESENTED BY ITS SECRETARY.
           BY ADVS.SMT.ANIES MATHEW
           SRI.FIROZ K.ROBIN
           SRI.E.HARIDAS
           SRI.J.JULIAN XAVIER
           SRI.PIOUS MATHEW
           SRI.ROY JOSEPH
           SMT.M.S.SOUJATH
           SRI BS SYAMANTAK, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR   ADMISSION   ON   07.02.2024,  ALONG  WITH
WP(C).17852/2014 & 19284/2014, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

                                     4



                       P.V.KUNHIKRISHNAN, J.
                        --------------------------------
              W.P.(C).Nos.17852 and 19284 of 2014 &
                              30542 of 2015
                 ----------------------------------------------
              Dated this the 07th day of February, 2024


                              JUDGMENT

These three writ petitions are connected and therefore, I

am disposing these writ petitions by a common judgment.

2. I will narrate the facts in W.P.(C). No.17852/2014

first:

The petitioner was working as Secretary in the 2nd

respondent Panchayat. It is submitted that, during the

summer season in 2007, there was acute shortage of water in

the Panchayat area. The Panchayat, in exercise of power

under Section 156(5) of the Panchayat Raj Act, decided to

undertake the work of making all bore wells operational which

had become non-operational. Accordingly the petitioner in

W.P.(C). No.19284/2014 was entrusted with the work. The

Panchayat had also taken a resolution in this regard and after

finding the work satisfactory, the Panchayat resolved to

release the amount to the contractor. Thereafter, based on

some complaint, a Vigilance enquiry was conducted and it was WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

alleged that there were defects in the work undertaken by the

petitioner in W.P.(C). No.19284/2014 and thereupon the

petitioner in this writ petition, and others who are the

Contractor, Overseer and former President of the Panchayat

were proceeded against for recovering the loss caused.

Aggrieved by the same, the former Secretary of the Panchayat

filed W.P.(C). No.17852/2014. W.P.(C). No.19284/2014 is filed

by the contractor. W.P.(C). No.30542/2015 is filed by the

former President of the Panchayat.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader. I also heard the learned

counsel appearing for the Panchayat.

4. The short point raised in these writ petitions is that

the recovery proceedings are initiated without giving an

opportunity of hearing to the petitioners.

5. This Court perused the records produced in these

cases. I will refer the records produced in W.P.(C).

No.17852/2014. Ext.P1 in this writ petition is the memo of

charges received from the Government. Ext.P2 is the reply

submitted by the petitioner in this writ petition. Ext.P3 is the

final report submitted before the Enquiry Commissioner and WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

Special Judge, Kottayam, in which the 1st accused is the

petitioner in W.P.(C). No.17852/2014. Ext.P5 is the minutes of

the Panchayat which would show that the Panchayat found

that all the 30 bore wells are working properly after the work

conducted by the petitioner in petitioner W.P.(C).

No.19284/2014 and the bill was sanctioned accordingly.

Thereafter the revenue recovery proceedings are initiated

against the petitioners in these writ petitions. Admittedly no

hearing is given to the petitioners in these cases before

initiating the recovery proceedings. Moreover, the Vigilance

case is already closed by the Enquiry Commissioner and

Special Judge as evident by Exts.P7 and P8. Ext.P9 is the

report dated 25.01.2019 of the Deputy Director of Panchayat

to the Principal Secretary saying that proceedings can be

dropped, as it was based on the decision of the Panchayat

Committee it was decided to carry out repairs and

maintenance, which is permissible under the PWD manual. It

is also submitted that as per Ext.P10, the pensionary benefits

are also released to the petitioner in W.P.(C). No.17852/2014.

In such circumstances, I am of the considered opinion that the WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

impugned orders can be set aside and there can be a direction

to reconsider the matter in the light of Exts.P7 to P10 in W.P.

(C). No.17852/2014.

Therefore, these writ petitions are disposed of with

following directions:

1. Ext.P6 in W.P.(C). No.17852/2014,

Ext.P3 in W.P.(C). No.19284/2014 and

Ext.P4 in W.P.(C). No.30542/2015 are

quashed.

2. The 1st respondent in W.P.(C).

No.17852/2014 is directed to reconsider

the matter in the light of Exts.P7 to P10

in that writ petition, after affording an

opportunity of hearing to the petitioners

in these writ petitions, as expeditiously

as possible, at any rate, within four

months from the date of receipt of a

copy of this judgment.

sd/-

                                                P.V.KUNHIKRISHNAN
JV                                                     JUDGE

WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

APPENDIX OF WP(C) 17852/2014

PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE LETTER DATED 18.6.20132 ENCLOSING MEMO OF CHARGES RECEIVED FROM THE DY. DIRECTOR OF PANCHAYAT.

EXHIBIT P2: TRUE COPY OF REPLY DATED 2.7.2012 FROM THE PETITIONER TO THE GOVERNEMNT SECRETARY, LOCAL SELF GOVERNMENT (EPB).

EXHIBIT P3: TRUE COPY OF THE FINAL REPORT SUBMITTED BEFORE THE ENQUIRY COMMISSIONER AND SUB JUDGE, KOTTAYAM. EXHIBIT P4: TRUE COPY OF REPLY DATED 12.7.2012 SUBMITTED TO THE NOTICE DATED 21.6.2012 ISSUED BY THE ELAPPARA GRAMA PANCHAYAT SECRETARY.

EXHIBIT P5: TRUE COPY OF EXTRACT FROM THE MINUTES BOOK FOR RELEASING THE AMOUNT TO MOHANDAS ON 15.6.2007. EXHIBIT P6: TRUE COPY OF RR DEMAND NOTICE DATED 22.5.2014 SECRETARY ELAPPARA GRAMA PANCHAYAT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE ORDER DATED 27.7.2019 IN CC NO. 14/2017 IN VC 15/08/IDK Exhibit P8 TRUE COPY OF ORDER DATED 1.7.2019 IN

Exhibit P9 TRUE COPY OF THE REPORT DATED 25.1.2019 OF THE DY. DIRECTOR OF PANCHAYAT SUBMITTED TO THE PRINCIPAL SECRETARY Exhibit P10 TRUE COPY OF THE SAID ORDER DATED

WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

PETITIONER EXHIBITS EXT.P-1: TRUE COPY OF EXTRACT OF THE DECISION BY THE PANCHAYATH EXT.P-2: TRUE COPY OF THE FIR OF THE VIGILANCE DEPARTMENT EXT.P-3: TRUE COPY OF THE DEMAND NOTICE DATED 22.5.2014 ISSUED TO THE PETITIONER BY THE RESPONDENT PANCHAYATH.

WP(C).Nos.17852 and19284 of 2014 & 30542 of 2015

APPENDIX OF WP(C) 30542/2015

PETITIONER EXHIBITS P1 : TRUE COPY OF THE LETTER DT 18-6- 2012 ENCLOSING MEMO OF CHARGES RECEIVED FROM THE GOVERNMENT.

P2 : TRUE COPY OF THE FINAL REPORT SUBMITTED BEFORE THE ENQUIRY COMMISSIONER AND SUB JUDGE, KOTTAYAM P3 : TRUE COPY OF EXTRACT FROM THE MINUTES BOOK FOR RELEASING THE AMOUNT TO MOHANDAS ON 15-6-2007 P4 : TRUE COPY OF RR DEMAND NOTICE DT 22-5-2014 ISSUED BY THE ELAPPARA GRAMA PANCHAYAT.

P5 : TRUE COPY OF THE INTERIM ORDER DT 30-9-2014 IN WPC.NO.19284/14 OF THIS HON'BLE COURT.