Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 WP(C).No. 9509 of 2011 (K) ------------------------------------- PETITIONER(S): -------------------------- TOMY GEORGE AGED51YEARS,S/O. GEORGE RESIDING AT KAITHACKAL HOUSE, PINDIMANA, KOTHAMANGALAM ERNAKULAM DISTRICT. BY ADVS.SRI.PEEYUS A.KOTTAM SRI.JEFF JOSEPH RESPONDENT(S): ---------------------------- 1. STATE OF KERALA DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695004.
2. PINDIMANA GRAMA PANCHAYATH, PINDIMANA, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY PIN - 686698 3. DEPUTY TAHASILDAR (RR) TALUK OFFICE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN - 686691.
4. THE VILLAGE OFFICE, VILLAGE OFFICE, PINDIMANA, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686698. R1, R3 & R4 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R2 BY ADVS. SRI.P.FAZIL SMT.JAYASREE MANOJ SRI.ALEXANDER JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0511-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 9509 of 2011 (K) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. COPY OF THE MINUTES OF THE MEETING OF THE BENEFICIARY COMMITTEE HELD ON1403.1999 P2. COPY OF DEMAND NOTICE DATED2307.2008 FOR RS. 98,268/- ISSUED BY2D RESPONDENT TO PETITIONER P3. COPY OF LETTER DATED1308.2008 SUBMITTED BY PETITIONER BEFORE THE2D RESPONDENT P4. COPY OF THE AUDIT REPORT FOR THE YEARS19992000 AND20002001 IN RESPECT OF PICHAPRA DRINKING WATER PROJECT P5. COPY OF DEMAND NOTICE NO. B2-1918/11 DATED0403.2011 FOR RS. 1,09,362/- ISSUED BY1T RESPONDENT TO THE PETITIONER P6. COPY OF OBJECTION DATED2103.2011 SUBMITTED BY PETITIONER BEFORE3D RESPONDENT P7. COPY OF STATEMENT DATED0403.2011 FOR RS. 1,09,362/- ANNEXED TO EXT. P5 DEMAND NOTICE ISSUED BY3D RESPONDENT TO PETITIONER RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXT. R2(a) COPY OF THE AGREEMENT DATED1703.1999 BETWEEN THE PETITIONER AND THE GRAMA PANCHAYAT EXT. R2(b) COPY OF THE SUPPLEMENTARY AGREEMENT DATED1803.1999 EXECUTED BY THE PETITIONER EXT. R2(c) COPY OF THE RECEIPT DATED3103.1999 OF THE PETITIONER EXT. R2(d) EXTRACT OF THE COMPREHENSIVE AUDIT REPORT FOR THE YEAR200506 /TRUE COPY/ P.A. TO JUDGE DCS V.CHITAMBARESH,J.
------------------------------- W.P.(C) No.9509 of 2011 ------------------------------------- Dated this the 5th day of November, 2013
JUDGMENT
The amount advanced to the petitioner as the Convener of a beneficiary committee is sought to be realised by revenue recovery proceedings at the instance of the second respondent Panchayat on the basis of Ext. P4 audit objection. But it is conceded that the petitioner was not furnished with a copy of the audit objection and an opportunity afforded to him to offer his explanation. The parties are at variance as whether the entire amount advanced has been expended for the execution of the work entrusted to the beneficiary committee. The revenue recovery proceedings initiated even before a proper quantification with notice to the petitioner is illegal and therefore Ext. P5 demand notice is quashed.
2. The second respondent Panchayat is directed to furnish a copy of Ext. P4 audit objection and afford him an opportunity of being heard on the issue of quantification of liability. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. Further proceedings can continue dependent on the outcome of the exercise to be completed by the second respondent W.P.(C) No.9509 of 2011 2 Panchayat after notice to the petitioner as directed above. All other contentions are left open. The writ petition is disposed of. SD/- V.CHITAMBARESH JUDGE DCS