This dismissal of an original petition holds that allegations of fund misuse by a Grama Panchayat should be directed to appropriate statutory authorities under the Panchayat Raj Act, including the Ombudsman, rather than being addressed through writ jurisdiction.
Writ petition closed without granting any direction or relief to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929
OP.No. 9430 of 2000(V)
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PETITIONER:
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V.SIVANKUTTY, SREE NEELAKANDA NILAYAM, NADUVILA CHERRY, KANJAVELLY P.O., KOLLAM - 691 602.
BY ADV. SRI.B.SURESH KUMAR
SMT.C.G.PREETHA
RESPONDENTS:
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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP.NO.15632 OF 2000 IN OP.NO.9430 OF 2000.
DISMISSED.
7.9.2007. Sd/- T.R.Ramachandran Nair, Judge.
PETITIONER'S EXHIBITS:-
| Ext.P1: | Copy of the representation dtd.17.2.2000 sent by 5 members of the beneficiary committee to the 3rdrespondent. |
|---|---|
| Ext.P2: | Copy of the notice published in the Mathrubhoomi daily dated 5.2.2000. |
| Ext.P3: | Copy of the representation dtd.14.2.2000 submitted by the petitioner before the 3rdrespondent. |
| Ext.P4: | Copy of the communication dtd.24.2.2000 sent to the petitioner by the 3rdrespondent. |
| Ext.P5: | Copy of the representation dtd.9.3.2000 sent by the petitioner to the District Collector, Kollam. |
| Ext.P6: | Copy of the representation dtd.10.3.2000 submitted by the petitioner to the Director, Vigilance and Anti-corruption Bureau, Thiruvananthapuram. |
| RESPOND | ENTS' EXHIBITS :- NIL. |
( TRUE COPY )
P.A. TO JUDGE.
Kvs/-
T.R.RAMACHANDRAN NAIR, J.
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= = = = = = = = = = = = = = = =
Dated this the 7th day of September, 2007.
J U D G M E N T
The petitioner approached this Court seeking for a direction to the 2nd respondent to consider Ext.P6 representation and take appropriate action for the misuse of fund allowed in respect of Project No.63 for the year 1998-99 by Thrikkaruva Grama Panchayat of Kollam district.
2. The allegations raised by the petitioner concerns the unsatisfactory way in which the tarring work of a road namely, Kochukadamukku - Asantayyathu mukku Panchayat Road was done. It is pointed out that the local residents had surrendered land for widening the said road and estimate amount for the work was fixed at Rs.1,10,000/-. There was a beneficiary committee to supervise the work in question.
3. If the petitioner has any complaints regarding the misutilising of the fund, he should have moved the appropriate authority under the Act for redressing the grievances. There are provisions under the Panchayat Raj Act conferring powers on the Ombudsman also. Without prejudice to the right of the petitioner to approach the proper authority, this writ petition is closed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE.
Kvs/-
1 issue framed by the court
Whether a writ petition alleging misutilization of funds by a Grama Panchayat should be allowed when alternative authorities and remedies exist under the Panchayat Raj Act.
1 provisions across 1 enactments
Sivankutty, Sree Neelakanda Nilayam, Naduvila Cherry, Kanjavelly P.O., Kollam - 691 602
C.G.Preetha
The District Collector, Kollam
The Director, Vigilance & Anti-Corruption Bureau, Government of Kerala, Thiruvananthapuram
Thrikkaruva Grama Panchayat, Kollam
The President, Thrikkaruva Grama Panchayat, Kollam
T.R.Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
