Kerala High Court
A.K. Vasudevan vs State Of Kerala, Represented By Its on 13 November, 2024
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
WP(C) NO. 13280 OF 2024
PETITIONER:
A.K. VASUDEVAN, AGED 63 YEARS,
S/O. KELAN, ANASSERIL HOUSE, KOOTHATTUKULAM P.O.,
MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686662.
BY ADVS. M/s.GEORGE MATHEW, SUNIL KUMAR A.G,
MATHEW K.T., GEORGE K.V., STEPHY K REGI & MEDHA B.S.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS
SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 ARAKUZHA GRAMA PANCHAYATH,
REP.BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, ARAKUZHA
P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN -
686672.
3 THE SECRETARY,
ARAKUZHA GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE,
ARAKUZHA P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,
PIN - 686672.
4 THE ASSISTANT ENGINEER,
LSGD SECTION, ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686672.
5 THE ACCREDITED ENGINEER,
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686672.
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
2
6 THE OVERSEER,
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686672.
SRI.GOKUL DAS V.V.H, SC
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2024, ALONG WITH WP(C).NOS.13331/2024 & 26029/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
WP(C) NO. 13331 OF 2024
PETITIONER:
SIVAN P.K., AGED 63 YEARS,
S/O. KARUNAKARAN,PUNNAKUZHIYIL HOUSE, PANDAPILLY P.O.,
ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT, PIN - 686672.
BY ADVS. M/S.GEORGE MATHEW, SUNIL KUMAR A.G,
MATHEW K.T., GEORGE K.V., STEPHY K REGI & MEDHA B.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE MUVATTUPUZHA BLOCK PANCHAYATH,
REP. BY ITS SECRETARY, MUVATTUPUZHA BLOCK PANCHAYATH
OFFICE VAZHAPILLY, MUVATTUPUZHA, ERNAKULAM, PIN -
686669.
3 THE PROGRAMME OFFICER,
MUVATTUPUZHA BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE,
VAZHAPILLY, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN -
686669.
4 THE JOINT BLOCK DEVELOPMENT OFFICER,
MUVATTUPUZHA BLOCK PANCHAYATH, BLOCK PANCHAYATH OFFICE,
VAZHAPILLY, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN -
686669.
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
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5 ARAKUZHA GRAMA PANCHAYATH,
REP.BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, ARAKUZHA
P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN -
686672.
6 THE SECRETARY,
ARAKUZHA GRAMA PANCHAYATH, GRAMA PANCHAYATH OFFICE,
ARAKUZHA P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,
PIN - 686762.
7 THE ASSISTANT ENGINEER,
LSGD SECTION, ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686762.
8 THE ACCREDITED ENGINEER,
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686672.
9 THE OVERSEER,
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME ARAKUZHA GRAMA PANCHAYATH, ARAKUZHA P.O.,
ERNAKULAM, PIN - 686672.
ADVS. M/S. P.M.RAFEEK & RADHIKA V.R.
SRI.GOKUL DAS V.V.H, SC
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2024, ALONG WITH WP(C).NOS.13280/2024 & 26029/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA, 1946
WP(C) NO. 26029 OF 2024
PETITIONERS:
1 ARAKUZHA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, ARAKUZHA P.O., ERNAKULAM
DISTRICT, PIN - 686672.
2 SECRETARY, ARAKUZHA GRAMA PANCHAYAT,
ARAKUZHA P.O., ERNAKULAM DISTRICT, PIN - 686672.
BY ADV.SRI.GOKUL DAS V.V.H.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY
ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT
INSTITUTIONS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 MUVATTUPUZHA BLOCK PANCHAYAT,
REPRESENTED BY ITS SECRETARY, MUVATTUPUZHA BLOCK
PANCHAYAT OFFICE, VAZHAPPALLY, MUVATTUPUZHA P.O.,
ERNAKULAM, PIN - 686669.
3 THE PROGRAMME OFFICER ,
MUVATTUPUZHA BLOCK PANCHAYAT OFFICE, VAZHAPPALLY,
MUVATTUPUZHA P.O., ERNAKULAM, PIN - 686669.
4 THE JOINT BLOCK DEVELOPMENT OFFICER ,
MUVATTUPUZHA BLOCK PANCHAYAT OFFICE, VAZHAPPALLY,
MUVATTUPUZHA P.O., ERNAKULAM, PIN - 686669.
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
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5 SIVAN P.K., AGED 63 YEARS,
S/O. KARUNAKARAN, PUNNAKUZHIYIL HOUSE, PANDAPILLY P.O.,
ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT, PIN - 686672.
6 A.K.VASUDEVAN,
S/O. KELAN, ANASSERIL HOUSE, KOOTHATTUKULAM P.O.,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 686662.
ADVS.M/S. GEORGE MATHEW KARAMAYIL, SUNIL KUMAR A.G,
ELSA DENNY PINDIS, MATHEW K.T., GEORGE K.V.,
STEPHY K REGI & MEDHA B.S.
ADVS.M/S.P. M RAFEEK (PATTAM) & RADHIKA V.R
SMT.PREETHA K.K., SR.GP
SRI. GOKUL DAS V.V.H., SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2024, ALONG WITH WP(C).NOS.13280/2024 & 13331/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
7
MOHAMMED NIAS C. P. , J.
==========================================
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
==========================================
Dated this the 13th day of November, 2024
JUDGMENT
WP(C). Nos. 13280 & 13331 of 2024 are filed by the licenced contractors
awarded with the work under the Mahatma Gandhi National Rural Employment
Guarantee Scheme (MNREGS) for the construction of Mattappillymala-
Maliyekathadam Thondu concreting of the 2 nd respondent. Pursuant to the
execution of the requisite agreements, the petitioner had completed the work.
The amounts spent by the petitioners for the purchase of materials and
construction were not sanctioned, which forced them to approach the
Ombudsman for MNREGS seeking release of amounts under the contract. Ext.P4
award has been passed in WP(C). Nos. 13280 & 13331 of 2024 directing the
respondents to release the amounts due to the petitioner towards the supply of
materials and labour. It was also directed to take action against the erring officers
and to implement the order before 31.3.2023 and to report. Though an appeal was
preferred, the same was dismissed as time barred. While the petitioners in WP(C).
Nos. 13280 & 13331 of 2024 seek implementation of the award, the same award is
challenged by the Grama Panchayat in WP(C). No. 26029/2024.
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
2. Learned counsel for the Panchayat (petitioners in WP(C). No.
26029/2024), challenging the award, submits that the Ombudsman did not have
the jurisdiction to consider the claims preferred by the contractors. This
argument is made relying on the provisions of Ext.P2 Operational Guidelines,
2013 issued under the provision of the Mahatma Gandhi National Rural
Employment Guarantee Act, 2005, namely, 13.14.4 of the Guidelines which deals
with the complaints pertaining to anyone or more of the issues alleging
irregularities in the implementation of the scheme. The petitioner submits that
the said Guidelines cover payment of wages and also, the engagement of
contractors. Thus, the Panchayat contends that the contractor cannot maintain a
proceeding before the Ombudsman.
3. This is disputed by the learned counsel for the petitioners in the
connected writ petitions, who are seeking to implement the award, by stating
that the use of funds and the release of funds are also covered under the same
Guidelines, under 13.14.4 and therefore, the complaint is perfectly maintainable.
On going through the guidelines, not only that there is no bar as contended, but
provisions enable for maintaining a complaint regarding wages,
4. It is to be noted, that, the award clearly mentions that the contractors
had successfully completed the work and that, the delay was attributable to the
actions of the officials of the Panchayat. The award clearly stated that those
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
responsible for the implementation of the scheme had erred while the work was
being carried on and also, there were disputes between the Panchayat Secretary
and also, the other officials leading to a breach of the stipulations. It is also to be
noted, that, there was no dispute on the part of the petitioners that there was any
breach on the part of the petitioners/contractors in carrying on the work and
accordingly, there is no justification at all for not paying the amounts for the
supply of materials or for the construction activities done by them.
5. The award is dated 13.3.2023 and the directions have not been
implemented so far. I do not think there is any infirmity let alone any illegality
committed by the Ombudsman while passing the award in question. No grounds
exist for interference with the award. The sole ground, namely, lack of
jurisdiction, has necessarily to be found against the Panchayat for the reasons
already stated. No such ground was raised before the Ombudsman before the
Panchayat,
6. Under such circumstances, WP(C). No. 26029/2024 filed by the Panchayat
challenging the award is dismissed. WP(C). Nos. 13280 & 13331 of 2024 will stand
allowed. There will be a direction to the Panchayat to implement the award
within three months from the date of receipt of a copy of this judgment.
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
2024:KER:85865
W. P. (C) Nos. 13280, 13331 & 26029 of 2024
APPENDIX OF WP(C).NO.13280/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF TECHNICAL SANCTION DTD. 15.06.2019
ISSUED BY 4TH RESPONDENT
EXHIBIT P2 TRUE COPY OF LETTER DTD.24.12.2022 ISSUED BY 3RD
RESPONDENT TO BLOCK PROGRAMME OFFICER ALONG WITH
REPORT OF 5TH RESPONDENT
EXHIBIT P3 TRUE COPY OF LETTER DTD.26.12.2022 ISSUED BY BLOCK
PROGRAMME OFFICER IN HIS LETTER DTD. 26.12.2022
INFORMED THESE ASPECTS TO THE JOINT PROGRAMME
CO-ORDINATOR
EXHIBIT P4 TRUE COPY OF COMMON AWARD NO. 44 OF 2022-23 DTD.
13.03.2023 OF OMBUDSMAN FOR MAHATMA GANDHI NATIONAL
RURAL EMPLOYMENT GUARANTEE SCHEME (NREGS) AND PRIME
MINISTER AWAS YOJANA
RESPONDENTS' EXHIBITS:
EXHIBIT-R6(A) TRUE COPY OF THE RELEVANT PAGES OF THE OPERATIONAL
GUIDELINES 2013 ISSUED BY THE MINISTRY OF RURAL
DEVELOPMENT, GOVERNMENT OF INDIA.
EXHIBIT-R6(B) TRUE COPY OF THE AGREEMENT DATED 03.07.2021
EXECUTED BETWEEN THE THEN SECRETARY OF THE 5TH
RESPONDENT GRAMA PANCHAYAT AND THE PETITIONER.
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
APPENDIX OF WP(C).NO.13331/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ADMINISTRATIVE SANCTION DTD.
16.01. 2020 ISSUED BY 6TH RESPONDENT
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF MEASUREMENT BOOK
DTD. NIL ISSUED BY 8TH RESPONDENT
EXHIBIT P3 TRUE COPY OF COMPLETION CERTIFICATE DTD. NIL ISSUED
BY 7TH RESPONDENT
EXHIBIT P4 TRUE COPY OF LETTER DTD.24.12.2022 ISSUED BY 6TH
RESPONDENT TO 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF LETTER DTD.26.12.2022 ISSUED BY BLOCK
PROGRAMME OFFICER IN HIS LETTER DTD. 26.12.2022
INFORMED THESE ASPECTS TO THE JOINT PROGRAMME
CO-ORDINATOR
EXHIBIT P6 TRUE COPY OF COMMON AWARD NO. 43 OF 2022-23 DTD.
13.03.2023 OF OMBUDSMAN FOR MAHATMA GANDHI NATIONAL
RURAL EMPLOYMENT GUARANTEE SCHEME (NREGS) AND PRIME
MINISTER AWAS YOJANA
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) THE TRUE COPY OF THE TREASURY BILL DATED 30/09/2020
ISSUED BY THE BLOCK PANCHAYATH TO THE BENEFICIARY
EXHIBIT R2(B) A TRUE COPY OF THE ORDER DATED 28/09/2020 OF THE
2ND RESPONDENT SANCTIONING THE PLAN SHARE OF THE
BLOCK PANCHAYATH TOWARDS THE DISPUTED WORK
EXHIBIT-R6(A) TRUE COPY OF THE RELEVANT PAGES OF THE OPERATIONAL
GUIDELINES 2013 ISSUED BY THE MINISTRY OF RURAL
DEVELOPMENT, GOVERNMENT OF INDIA.
EXHIBIT-R6(B) TRUE COPY OF THE AGREEMENT DATED 03.07.2021
EXECUTED BETWEEN THE THEN SECRETARY OF THE 5TH
RESPONDENT GRAMA PANCHAYAT AND THE PETITIONER.
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W. P. (C) Nos. 13280, 13331 & 26029 of 2024
APPENDIX OF WP(C).NO.26029/2024
PETITIONERS' EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE COMMON AWARD DATED 13.03.2023 IN
COMPLAINT NOS. 43 & 44/22-23 PASSED BY THE OMBUDSMAN
FOR MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
SCHEME, ERNAKULAM.
EXHIBIT-P2 TRUE COPY OF THE RELEVANT PAGES OF THE OPERATIONAL
GUIDELINES 2013 ISSUED BY THE MINISTRY OF RURAL
DEVELOPMENT, GOVERNMENT OF INDIA.
EXHIBIT-P3 TRUE COPY OF THE AGREEMENT DATED 03.07.2021 EXECUTED
BETWEEN THE THEN SECRETARY OF THE 1ST PETITIONER GRAMA
PANCHAYAT AND THE 5TH RESPONDENT.
EXHIBIT-P4 TRUE COPY OF THE AGREEMENT DATED 15.07.2021 EXECUTED
BETWEEN THE THEN SECRETARY OF THE 1ST PETITIONER GRAMA
PANCHAYAT AND THE 6TH RESPONDENT.
EXHIBIT-P5 TRUE COPY OF THE LETTER DATED 26.02.2021 BEARING NO. D-
564/2020 SENT BY THE 3RD RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT-P6 TRUE COPY OF THE LETTER DATED 22.03.2021 BEARING NO.
A1-892/2021 SENT BY THE 2ND PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT-P7 TRUE COPY OF THE LETTER DATED 20.12.2022 BEARING NO. B-
84/2020 SENT BY THE 3RD RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT-P8 TRUE COPY OF THE LETTER DATED 24.12.2022 BEARING NO.
SC1-2303/2022 SENT BY THE 2ND PETITIONER TO THE 3RD
RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) THE TRUE COPY OF THE TREASURY BILL DATED 30/09/2020
ISSUED BY THE BLOCK PANCHAYATH TO THE 5TH RESPONDENT
BENEFICIARY
EXHIBIT R2(B) A TRUE COPY OF THE ORDER DATED 28/09/2020 OF THE 2ND
RESPONDENT SANCTIONING THE PLAN SHARE OF THE BLOCK
PANCHAYATH TOWARDS THE WORK OF KADUKKACITY-
TRIKKURUKUNNEL THONDU ROAD.
