C M Mathew v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 30791 of 2014 (Y) ---------------------------- PETITIONER:
---------- C M MATHEW, AGED 51 YEARS S/O.MATHAI, CHOORACKAL, KOZHUVANAL CONVENER, KOZHUVANAL DRINKING WATER SUPPLY SCHEME) DWSS, REG.NO.265/2007 KOZHUVANAL P.O., PALA, KOTTAYAM DISTRICT.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY LOCAL SELF GOVERNMENTDEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. KOTTAYAM DISTRICT PANCHAYATH REP. BY ITS SECRETARY, DISTRICT PANCHAYATH OFFICE KOTTAYAM - 685 001.
3. SECRETARY KOTTAYAM DISTRICT PANCHAYATH DISTRICT PANCHAYATH OFFICE, KOTTAYAM685 001.
4. THE EXECUTIVE ENGINEER LSGD DIVISION, KOTTAYAM DISTRICT DISTRICTPANCHAYATH OFFICE, KOTTAYAM - 685 001. R1 & R4 BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30791 of 2014 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P-1: TRUE COPY OF THE ESTIMATE SUBMITTED BY THE ASSISTANT ENGINEER, LSGD SECTION.
EXT.P-2: TRUE COPY OF THE LETTER DATED 2.3.2014. EXT.P-3: TRUE COPY OF THE LETTER TO THE 2ND RESPONDENT BY THE COMMITTEE DATED 10.3.2014.
EXT.P-4: TRUE COPY OF THE LETTER DATED 30.4.2014. EXT.P-5: TRUE COPY OF THE REVISED ESTIMATE DTD 16.5.2014. EXT.P-6: TRUE COPY OF THE LETTER NO.AB1/134/1213 DATED 11.8.2014. EXT.P-7: TRUE COPY OF G.O(ORD) NO.2864/2014/LSGD DTD 4.11.2014. RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.
DAMA SESHADRI NAIDU, J.
--------------------------------------- ---------------------------------------- Dated this the 06th day of February, 2015
JUDGMENT
Briefly stated, the petitioner is said to be the Convenor of the Beneficiary committee of Drinking Water Supply Scheme (DWSS) in Kozhuvanal Grama Panchayat, Kottayam District. As per Exhibit P1 original estimate, the petitioner was alloted four works which are said to have been completed by the petitioner with certain deviations.
2. Taking note of all the deviations and the circumstances under which those deviations were required to be taken, the fourth respondent approved the works completed by the petitioner, through Exhibits P5 and P6 proceedings, and recommended to the second and third respondents to take further steps for approval and sanction of the funds. Ventilating his grievance that so far Exhibits P5 and P6 recommendations of the fourth respondent have
not been acted upon by the second and third respondents, the petitioner has approached this Court.
3. Though notice was served, none appears for the second and third respondents. The learned Government Pleader, representing first and fourth respondents, has submitted that in the face of Exhibits P5 and P6 communications from the fourth respondent, it is for the second and third respondents to take appropriate decision in that regard.
4. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the second and third respondents to take appropriate steps in the light of Exhibits P5 and P6 proceedings issued by the fourth respondent, as expeditiously as possible, at any rate, within twenty days from the date of receipt of a copy of this judgment, especially in the light of the submission made by the learned counsel for the petitioner that the funds earmarked
for the said project are to lapse by 31.03.2015. With the above observation, this writ petition is disposed of.
DAMA SESHADRI NAIDU JUDGE DMR/-