Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR THURSDAY, THE22D DAY OF MAY20141ST JYAISHTA, 1936 WP(C).No. 26266 of 2009 (C) ---------------------------- PETITIONER: ------------- MUHAMMED, PAPPUVATTIL HOUSE, P.O.BHOODANAM, POTHUKAL, NILAMBUR (VIA) MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ----------------- 1. THE POTHUKAL GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, P.O.BHOODANAM, POTHUKAL NILAMBUR (VIA), MALAPPURAM DISTRICT.
2. THE PRESIDENT, POTHUKAL GRAMA PANCHAYATH POTHUKAL, P.O.BHOODANAM, NILAMBUR (VIA) MALAPPURAM DISTRICT. R,R2 BY ADV. SRI.K.M.SATHYANATHA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2205-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26266 of 2009 (C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROJECT NO80 OF THE ANNUAL PROJECT - 2001- 2002. EXT.P2: TRUE COPY OF THE DECISION NO.IE DATED221.2003 PASSED BY THE POTHUKAL GRAMA PANCHAYATH. EXT.P3: TRUE COPY OF THE CERTIFICATE AND LETTER ISSUED BY THE FIRST RESPONDENT TO THE ASSISTANT EXECUTIVE ENGINEER, ROADS SECTION OFFICE, NILAMBUR. EXT.P4: TRUE COPY OF THE DECISION NO.I DATED118.2005 PASSED BY THE POTHUKAL GRAMA PANCHAYATH. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE PETITIONER. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED73.2008 FILED BY THE PETITIONER. EXT.P7: TRUE COPY OF THE REPRESENTATION DATED234.2008 FILED BY THE PETITIONER. EXT.P8: TRUE COPY OF THE MINUTES OF THE GRAMASABHA MEETING OF WARD NO.IV OF THE POTHUKAL GRAMA PANCHAYATH DATED234.2008. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J.
------------------------------ W.P.(C)No.26266 of 2009 ------------------------------- Dated 22nd May, 2014 JUDGMENT
The petitioner is the Convener of the committee constituted for the purpose of constructing a road namely, Mukkom - Sreedharan Mukk road in Ward No.IV of Pothukal Grama Panchayat. The grievance of the petitioner is that despite the completion of the work the amount due was not fully paid. Raising such grievances and claiming payment of the balance amount the petitioner submitted Ext.P7 representation before the second respondent as also the Secretary of the first respondent Panchayat. Evidently, the petitioner is aggrieved by the inaction despite the receipt of Ext.P7.
2. The respondents have filed a counter affidavit in this writ petition. However, in view of the nature of the order I propose to pass in this writ petition, I do not think it necessary to consider the contentions raised by the respondents in the counter affidavit especially, taking note of the fact that Ext.P7 representation is still remaining unconsidered. From the recital in Ext.P7 it is evident that a copy of the same was also forwarded to the Secretary of the first WP(C).No.26266/2009 2 respondent Panchayat. Since he is the competent authority to consider the issue involved in this writ petition, without making any observation as to the entitlement of the petitioner to get the amount as requested as per Ext.P7, this writ petition is disposed of with a direction to the Secretary of the first respondent Panchayat to consider the claim of the petitioner made as per Ext.P7 and pass appropriate orders in accordance with law, expeditiously, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. Needless to say that before passing orders on Ext.P7 the petitioner shall be put on notice. Sd/- C.T.RAVIKUMAR Judge TKS