Kerala High Court
Parameswaran Nair vs State Of Kerala on 25 September, 2024
2024:KER:71636
WP(C).NO.31948/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 31948 OF 2022
PETITIONER:
PARAMESWARAN NAIR,
S/O.GOPALAN NAIR, VELIYIL VADAKKATHIL, PALLARIMANGALAM
P.O., THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
- 690 107, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
RAJENDRAPRASAD, S/O. KUMARAN, PAKKUKANDATHIL HOUSE,
OLAKETTIAMBALAM P.O., THEKKEKARA VILLAGE, MAVILIKARA
TALUK, ALAPPUZHA - 690 510.
BY ADVS. M/S.R.KRISHNA RAJ, E.S.SONI & KUMARI SANGEETHA
S.NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DISTRICT COLLECTOR,
COLLECTORATE ALAPPUZHA, ALAPPUZHA - 688001.
3 MAVELIKKARA BLOCK PANCHAYAT,
REPRESENTED BY ITS SECRETARY OFFICE OF BLOCK
PANCHAYATH, MAVELIKKARA, ALAPPUZHA-690 101.
4 BLOCK DEVELOPMENT OFFICER,
BLOCK PANCHAYAT,MAVELIKARA, ALAPPZHA- 69010
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WP(C).NO.31948/2022
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5 THEKKEKARA GRAMA PACHAYATH,
REPRESENTED BY ITS SECRETARY,THEKKEKARA GRAMA
PANCHAYATH, MULLIKULANGARA ROAD, PALLARIMANGALAM,
THEKKEKARA, MAVELIKKARA ALAPPUZHA - 690 101.
6 ASSISTANT EXECUTIVE ENGINEER,
DISTRICT RURAL DEVELOPMENT AGENCY,ALAPPUZHA - 688 001.
ADVS. M/S.R.GIREESH VARMA & V.K.NANDAKUMARAN FOR R5
SMT.DEVI SHRI R., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).NO.31948/2022
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MOHAMMED NIAS C. P. , J.
=========================
W. P. (C) No. 31948 of 2022
=========================
Dated this the 25th day of September, 2024
JUDGMENT
The petitioner was the convenor of the beneficiary committee which
undertook the construction of a road in Thekkekara Village and partially
completed the same by spending an amount of Rs.1,01,051/-. Alleging that the
respondents are not releasing the said amount for the work completed, this writ
petition is filed.
2. A statement has been filed on behalf of the 4 th respondent Block
Development Officer, who says that the beneficiary committee could not
complete the work on account of the difference of opinion between its members.
It is further stated that the period of completion of works under the Natural
Calamity Flood Relief Work scheme was only two years and the fund had lapsed
and for the said reasons, the 4th respondent cannot release the amount.
3. A statement has been filed on behalf of the 5 th respondent, who is the
Secretary of the Mavelikkara Thekkekkara Grama Panchayat, stating that the
Panchayat had never sanctioned such a work to the beneficiary committee or to
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the petitioner and accordingly, no liability can be fastened on the 5 th respondent.
It is also pointed out that the directions in Ext.P2 judgment, which directed the
Panchayat to complete the maintenance work of Thekkekkara-Pallarimangalam
Karayogam Mukku-Kollakkal Mukku Road, was completed by the Panchayat
pursuant to the direction of this Court.
4. Having heard the learned counsel on either side, it is clear that there are
factual disputes to be decided in this writ petition which cannot be done under
Article 226 of the Constitution. There is no public law element at all either. Under
such circumstances, without prejudice to the right of the petitioner to claim the
amounts, if any, spent by him or for the beneficiary committee in appropriate
proceedings, this Writ Petition is closed.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
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APPENDIX OF WP(C).NO.31948/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TECHNICAL SANCTION
NO.309/AEE(1)/05-06 DATED 09.11.2005.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN W.P.(C) NO.14819 DATED 23.06.2015
EXHIBIT P3 TRUE COPY OF THE POWER OF ATTORNEY DATED
08.09.2021
