In this PIL alleging misutilisation of funds for the 'Bhoomigeetham' programme, the High Court held that it could not adjudicate on factual issues regarding expenses or the correctness of the audit report. The Court observed the need to regulate officials but refrained from issuing directions or formulating guidelines against the Government.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937
WP(C).No. 20469 of 2015 (S)
PETITIONER(S):
1. THE WELFARE PARTY STATE BHOO SAMARA SAMITHY, H.NO.41/2085, SRM ROAD, ERNAKULAM, KOCHI - 682 018, REPRESENTED BY ITS GENERAL CONVENER MR.JOHN AMBATTU.
2. KHALID MUNDAPPILLY, MUNDAPPILLY HOUSE, ALUVA - 683 101.
BY ADV. SRI.T.R.RAJAN.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM - 682 030.
3. THE DIRECTOR OF VIGILANCE, THIRUVANANTHAPURAM - 695 001.
BY SR. GOVT. PLEADER SRI.P.I. DAVIS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 20469 of 2015 (S)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
EXT.R2A COPY OF THE AUDITORS REPORT IN RESPECT OF THE EXPENDITURE INCURRED FOR ''BHOOMIGEETHAM'' PROGRAMME.
//TRUE COPY//
P.S. TO JUDGE
rs.
ASHOK BHUSHAN, CJ &
**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.P.C.No.20469 of 2015
Dated this the 8th day of October 2015
J U D G M E N T
Ashok Bhushan, CJ
Heard learned counsel for the petitioner and the learned Government Pleader.
W.A.No.20469/2015
2
excessive.
W.A.No.20469/2015
3
jurisdiction, shall not entertain such issues nor adjudicate as to whether the amount shown as spent on behalf of the 2nd respondent was correct or not. All these issues are for the Government to look into and it is for the Government to issue necessary direction or guidelines, as required. We only observe that while implementing such scheme, such leverage has to be given to the officials who are conducting such scheme. It seems that they are not regulated by any statutory provision. The learned counsel for the petitioner submits that appropriate direction may be issued to the Government to consider the complaints and take a decision. We refrain from issuing any direction, as prayed for, giving liberty to the Government to take such action, as deem fit and proper.
With this observation, this writ petition is disposed of.
(sd/-)
(ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE)
True Copy PA to Judge
jsr/08/10/2015
W.A.No.20469/2015 4
W.A.No.20469/2015 5
W.A.No.20469/2015 6
2 issues framed by the court
Whether the High Court should entertain factual issues regarding the expenses of the 'Bhoomigeetham' programme filed by a writ petition.
Whether an enquiry should be issued into the utilisation of funds collected for the landless poor project.
The Welfare Party State Bhoo Samara Samithy
Khalid Mundappilly
State of Kerala
The District Collector, Ernakulam
The Director of Vigilance, Thiruvananthapuram
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
