The petitioner is mainly aggrieved of Exts.P1 notice issued by the third respondent/Mulavukad Grama Panchayat and P2 notice issued by the 4th respondent/Deputy Tahsildar, resorting to the remedy under the Revenue Recovery Act for realisation of the amount allegedly due from the petitioner in connection with the work awarded by the third respondent.
2. The petitioner belongs to a Scheduled Caste community, who was awarded with the work of metalling and concreting the Panambukad Moscow Jetty in the Mulavukad Panchayat, as the convenor of the beneficiary Committee constituted under the particular scheme. The work was completed to the satisfaction of the respondent Panchayat and the same was effected under the strict supervision of the concerned Engineer. On submitting the bill, the entire amount was sanctioned, in accordance with the terms of the agreement by releasing 60% by cash and 40% in the form of food grains. It is stated that there was some audit later. But the then Secretary of the Panchayat failed to produce the relevant documents, by virtue of which, some audit objection W.P.(C)No.28305 OF 2014 2 was raised, leading to Exts.P1 and Ext.P2 revenue recovery notices, which in turn are under challenge in this writ petition.
3. Heard the learned Government Pleader as well.
4. The learned Counsel for the petitioner submits that there is absolutely no basis in the proceedings now being pursued against the petitioner. Reliance is sought to be placed on Ext.P5 certificate issued by the concerned Ward Member, who has certified that the work was completed to the satisfaction of all concerned. It is stated that the petitioner has preferred Ext.P3 representation before the 5th respondent/District Collector, Ernakulam highlighting his grievances and that he will be satisfied, if a direction is given to consider and finalise Ext.P3 within a reasonable time.
5. In view of the limited extent of relief sought for and proposed to be given, this Court does not find it necessary to issue notice to the third respondent/Panchayat. The writ petition is disposed of, directing the 5th respondent/District Collector to consider and pass appropriate orders on Ext.P3 in accordance with law, after affording an opportunity of hearing to the petitioner and also to the third respondent. This shall be done at W.P.(C)No.28305 OF 2014 3 the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. Coercive proceedings pursuant to Exts.P1 and P2 shall be kept in abeyance till such time. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 5th respondent/District Collector for further steps.
P.R.RAMACHANDRA MENON JUDGE lk