Writ petition challenging Panchayat demand notices to recover subsidy granted under a Kerala Development Project autorickshaw scheme. The court found the petitioner had ticked Scheduled Caste in her application and signed an undertaking to repay with interest if false information was given. Finding no merit, the writ petition was dismissed.
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WP(C) NO. 27251 OF 2014 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 27251 OF 2014
PETITIONER/S:
AJITHA HARIDASAN
AGED 37 YEARS
W/O.HARIDASAN P.K., PAINKANNIPARAMBIL HOUSE, MARUTHAYUR
P.O., THRISSUR DISTRICT-680507.
ADV.N.UNNIKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.2 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, AYYANTHOLE, THRISSUR-680003.3 THE DEPUTY TAHSILDAR (R.R.) CHAVAKKADCHAVAKKAD-680506.4 THE PAVARATTY GRAMA PANCHAYATH PAVARATTY P.O., THRISSUR -680507, REPRESENTED BY ITS SECRETARY.5 THE VILLAGE OFFICER, PAVARATTY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT680507.BY ADV SRI.RAJIT
OTHER PRESENT:
R1- SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed challenging Exts.P6 and P7 demand notices issued by the 4th respondent, Panchayat. The case of the petitioner is that he has availed a loan under the Kerala Vikasan Padhathy of Pavaratty Grama Panchayat, a project in which women were given training in driving of vehicles, giving driving licenses on its expenses and also providing monetary help in buying autorickshaw.
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2025:KER:22508 Rs.20,000/- through Canara Bank, Pavaratty. It was also stated that though a notice was issued to the petitioner on 30.01.2004, she did not reply. Hence, she was directed to remit the subsidy amount along with the interest to the Panchayat. This was on the background that, it was found that she does not belong to the Scheduled Caste.
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2025:KER:22508 submitted an application claiming that she belongs to a member of Scheduled Caste. Based on the recitals in Ext.R4(A), the petitioner was selected and given financial assistance. The petitioner also signed an undertaking to the 4th respondent stating that if it is found that she had submitted any false information or acted against the terms of the welfare scheme, then she would be liable to repay the amount of Rs.20,000/- along with interest. Going by Annexure R4(a) against serial No.2 in the application, she has deliberately ticked against the column-Scheduled Caste.
Under such circumstances, I am of the view that there is no merit in this writ petition. The writ petition is dismissed.
sd/
P.M.MANOJ
JUDGE
jm/
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APPENDIX OF WP(C) 27251/2014
PETITIONER EXHIBITS
EXHIBIT P8 : TRUE COPY OF THE JUDGMENT
DT.20-8-2014 IN WPC 1933/2012
EXHIBIT P9 : TRUE COPY OF THE REPLY TO THE
DEMAND NOTICE DT.10-10-2014.
EXHIBIT P1 : TRUE COPY OF THE LETTER
DT.10-3-2003.
EXHIBIT P6 : TRUE COPY OF THE DEMAND
NOTICE BEARING COLLECTORATE FILE
NO.2014/6188/8 FORM NO.1 DT.1-9-2014.
EXHIBIT P3 : TRUE COPY OF THE LETTER B2
360/03 DT.3-3-2004.
EXHIBIT P4 : TRUE COPY OF THE NOTICE
NO.B2-360/03 DT.30-4-2007.
EXHIBIT P5 : TRUE COPY OF THE REPLY NOTICE
DT.10-5-2007 SENT BY ADV.VELAYUDHAN.
EXHIBIT P2 : TRUE COPY OF THE LETTER NO.J-
21-2001 DT.19-3-2003.
EXHIBIT P7 : TRUE COPY OF THE DEMAND
NOTICE BEARING TALUK (B5) AND FILE
NO.2014/1707/8/400 FORM NO.10 DT.1-9-2014.
RESPONDENT EXHIBITS
Exhibit-R4 (A)A true copy of the application submitted
by the petitioner before the panchayat
dated 09.01.2003
Exhibit-R4 (B)A true copy of the undertaking dated
11.04.2003
2 issues framed by the court
Whether the Panchayat could recover the subsidy of Rs.20,000/- with interest from the petitioner who allegedly misdeclared caste status to obtain a welfare scheme benefit.
Whether the demand notices for distraint of movable properties were sustainable.
Ajitha Haridasan
State of Kerala represented by the Secretary to the Government, Revenue Department
The District Collector, Thrissur
The Deputy Tahsildar (R.R.), Chavakkad
The Pavaratty Grama Panchayath
The Village Officer, Pavaratty Village
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court