Disposed

Malappuram District Panchayath, v. State of Kerala

Kerala HC7 Nov 2019WP(C)/22672/2019

Case brief

AI extract

What is this about?

The High Court, not quashing the Government Order prohibiting fund spill-over, directed the State Secretary to hear the petitioner Panchayat and consider granting exemption to relax the Order's rigour for specific projects suffering due to unforeseen delays, ensuring public interest is not compromised.

What did the court decide?

Directed the State Secretary to hear the petitioner and decide on exemption from the Government Order's rigour for specific projects within two months.

Malappuram District Panchayath, Vs State of… — Public Procurement and Tenders | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

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WP(C).No.22672 OF 2019(H)

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PETITIONER:

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MALAPPURAM DISTRICT PANCHAYATH, CIVIL STATION (P.O.), MALAPPURAM - 676 505, REPRESENTED BY ITS PRESIDENT A.P.UNNIKRISHNAN, S/O.KUNHIKKANNAN, AGED 55 YEARS, RESIDING AT AREEKATTUPARAMBIL HOUSE, (P.O.) KANNAMANGALAM, (VIA) VENGARA, MALAPPURAM DISTRICT - 676 304.

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BY ADVS.

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SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE PRINCIPAL SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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3 THE SECRETARY TO GOVERNMENT, FINANCE (INDUSTRIES AND PUBLIC WORKS) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695 001.

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SRI. MANURAJ K.J.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22672 OF 2019 2

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JUDGMENT

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The constitutive issue in this case

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is as regards the validity of the

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Government Order, which prohibits use of

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funds allotted to a Local Self Government Institution for their

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projects for a particular year to be applied for the next year.

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In fact, the validity of the

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Government Orders involved in this case

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has already been considered by me in another writ petition, namely WP(C)No. 21365/2018 and certain directions have

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been issued in the judgment dated 16/10/2019 delivered in the said writ

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petition. The relevant portions of the said judgment are extracted for ease of

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reference:-

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“9. Even when I hear the learned Government Pleader on the afore lines, it is without doubt that the position that was brought in by the Government on 17.03.2018, through Ext.P2, was withdrawn through Ext.P3, presumably because of the problems faced by the Local Self Government Institutions in implementation of the prohibitions against spill-over of funds for the projects concerned. However, in Ext.P4,

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WP(C).No.22672 OF 2019 3

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the same effect has been caused, by mandating that only those works whose implementation began by 1^st of April, 2018 would get the benefit of the spill over funds and nothing else, thus to mean that those projects which were continuing in the years 2017 -18 but not completed by 30^th of March, 2018 would suffer because of lack of funds. Though the intention behind this is certainly laudable, it is justified for the Panchayat to feel aggrieved since, at least for the year 2018-19, this is going to cause them great prejudice, since they were not aware that the benefit of spill-over funds from the year 2017-18 would not be applicable for the year 2018-19. In that sense, I find favour with the submissions of the petitioners that Ext.P4 operates almost retrospectively, since it hits the Local Self Government Institutions who were not aware that such spill-over funding will not be available for the next year and therefore, had not completed the works on a war-footing on or before 31.03.2018.

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I am, therefore, of the view that this is a matter that should engage the attention of the competent Secretary of the Government immediately, at least with respect to 2018-19, because as far as 2019-20 is concerned, all the Local Self Government Institutions have been sufficiently warned and they are aware that the projects will have to be completed in that current year itself.

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Resultantly, I order these writ petitions and direct the concerned Secretary of the Government of Kerala to immediately hear the petitioners herein and then take a decision as to whether any exemption can be granted to the petitioners, on proper applications being made by them, to relax the rigor of Ext.P4 with respect to specific projects for the year 2017-18, so that public interest will not suffer for want of necessary funding.

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The afore exercise shall be completed by the Secretary of the Government as expeditiously as is possible but not later than two months from the date on which such applications are made by the petitioners and the resultant order shall be communicated to them without any further delay thereafter.

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Needless to say, depending upon the decision

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WP(C).No.22672 OF 2019 4

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to be taken by the Government in this regard, all further action shall be completed by the concerned Authority with respect to the funding of the projects thereafter.

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It goes without saying that I have not set aside Ext.P4 nor have I interdicted its operation but only that the Secretary has been directed to consider whether its impact can be relaxed in suitable circumstances subject to the Panchayat convincing the Authority, the requirement of such relaxation.”

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observations above, even though the Government Orders involved were not set

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aside, I had given liberty to the Panchayat to approach the Government seeking exemption with respect to

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particular projects referred to; and a consequential direction had been given to the said Authority to consider the

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same, taking note of the practical

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difficulties caused.

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I am certain that the same

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course must be adopted in this case also, since the petitioner-Panchayat

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asserts that it is on account of reasons beyond their control that the project could not be completed in the same year

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WP(C).No.22672 OF 2019 5

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and consequently, that its spill over is

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inevitable.

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In the afore circumstances, I

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direct the concerned Secretary of the Government of Kerala to hear the petitioner in this case and take a decision as to whether any exemption can

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be granted to them, on proper applications being made by them, to relax the rigour of Ext.P2 Government Order with reference to the specific project/projects to be referred by them in their applications, so that public interest will not suffer for want of necessary funds.

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completed by Secretary of the Government within a period of 2 months from the

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date of receipt of the applications from

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the petitioner and the resultant order will be communicated to them without any delay thereafter.

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WP(C).No.22672 OF 2019 6

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depending on the decision to be taken by the Government, all further action shall be completed by the concerned Authority with respect to funding of the projects of the petitioner thereafter.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/14.11.19

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WP(C).No.22672 OF 2019 7

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE GOVT. ORDER NO.G.O.(MS) 2710/2018/LSGD DEPARTMENT, THIRUVANANTHAPURAM DTD. 23/10/2018.
EXHIBIT P2	TRUE COPY OF THE GOVT. ORDER NO.G.O.(MS) NO.990/2019/LSGD/TVM DATED 15/05/2019.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CONCERNED AUTHORITIES DATED 15/5/2019.
EXHIBIT P4	A TRUE COPY OF THE REPLY ISSUED BY ADDL.CHIEF SECRETARY, FINANCE DEPARTMENT DTD. 4/6/2019.
EXHIBIT P5	A TRUE COPY OF THE G.O.(MS) NO.1209/2019 DATED 12/6/2019.
EXHIBIT P6	A TRUE COPY OF THE G.O.(P) NO.188/2018/FIN. DATED 7/12/2018.
EXHIBIT P7	A TRUE COPY OF THE LIST OF PROJECTS WITH WAS DROPPED AFTER RECEIVING THE ADMINISTRATIVE SANCTION.
EXHIBIT P8	A TRUE COPY OF THE RESOLUTION PASSED BY THE MALAPPURAM DISTRICT PANCHAYATH COMMITTEE DTD. 30/4/2019.
EXHIBIT P9	A TRUE COPY OF THE RESOLUTION PASSED BY THE MALAPPURAM DISTRICT PANCHAYAT COMMITTEE DATED 28/5/2019.
EXHIBIT P10	A TRUE COPY OF THE RESOLUTION PASSED BY THE DISTRICT PANCHAYAT COMMITTEE DATED 28/5/2019.
EXHIBIT P11	A TRUE COPY OF THE DECISION DTD. 13/6/2019 OF THE MALAPPURAM DISTRICT PANCHAYAT COMMITTEE.
EXHIBIT P12	A TRUE COPY OF THE ORDER G.O.(MS) NO.1328/2019 LSGD DTD. 28/06/2019.
EXHIBIT P13	A TRUE COPY OF THE PAPER REPORT WITH REGARD TO TH TREASURY BAN PUBLISHED IN MADHYAMAM DAILY DTD. 27/3/2019.

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WP(C).No.22672 OF 2019 8

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EXHIBIT P14 TRUE COPY OF THE PAPER REPORT PUBLISHED ON 29/05/2019 PUBLISHED IN MATHRUBHOOMI DAILY. EXHIBIT P15 TRUE COPY OF THE PAPER REPORT DTD. 7/6/2019 PUBLISHED IN CHANDRIKA DAILY. EXHIBIT P16 A TRUE COPY OF THE PAPER REPORT WHICH STATES THAT THE PETITIONER PANCHAYATH WILL BE LOSING 80 CRORES REPORTED IN MATHRUBHOOMI DAILY DTD. 7/6/2019. EXHIBIT P17 A TRUE COPY OF THE NEW REPORT OF MADHYAMAM DAILY DTD. 14/6/2019. EXHIBIT P18 TRUE COPY OF THE PAPER REPORT OF KERALA KOWMUDHI DTD. 19/6/2019. EXHIBIT P19 TRUE COPY OF THE NEWS REPORT IN CHANDRIKA DAILY DTD. 22/6/2019 WITH REGARD TO THE KODOOR PANCHAYATH. EXHIBIT P20 TRUE COPY OF THE PAPER REPORT OF MATHRUBHOOMI DAILY DTD. 4/7/2019. EXHIBIT P21 TRUE COPY OF THE PAPER REPORT OF SUPRABHATHAM DAILY DTD. 10/7/2019. RESPONDENT'S/S EXHIBITS: NIL MC (TRUE COPY) PA TO JUDGE

Malappuram District Panchayath, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Malappuram District Panchayath, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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