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Sanu M.K vs State Of Kerala

High Court Of Kerala|01 December, 2014
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JUDGMENT / ORDER

The petitioner was the 'Convenor' of a 'Beneficiary Committee' constituted for construction of a road in the 3rd respondent Panchayat, utilising the funds provided under a particular 'Scheme'. According to the petitioner, he received an amount of `23,255/- and making use of part of the amount to an extent of `13,580/-, the work was commenced and the balance amount is lying in the Ernakulam District Co-operative Bank Ltd., Marine Drive Branch, as evident from Ext.P1 Pass Book. The work came to be abruptly stopped, on the basis of instruction given by the 3rd respondent Panchayath in the year 1999. There is absolutely no fault on the part of the petitioner in any manner, despite which, steps are being taken at the instance of 3rd respondent to realise a sum of nearly `73,000/-, stating that the petitioner has caused loss to the respondent Panchayath. This in turn is under challenge in this writ petition.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the Panchayth and learned Government Pleader appearing for the respondents 1, 4, 5 & 6. During the course of hearing, it is brought to the notice of this WP(c). No.28441 of 2014 2 Court that, the grievance of the petitioner has already been projected by way of Ext.P3, which is pending consideration before the 4th respondent.
3. The learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 4th respondent to consider and finalise Ext.P3, within a reasonable time.
4. In the above circumstances, the writ petition is disposed of, directing the 4th respondent to consider and pass appropriate orders on Ext.P3, in accordance with law, after giving an opportunity of hearing to the petitioner and the 3rd respondent Panchayath. It shall be done at the earliest possible, at any rate within 'two months, from the date of receipt of a copy of this judgment.
5. Coercive proceedings, if any, pursuant to Ext.P2 shall be kept in abeyance till such time.
The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 4th respondent for further steps.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn
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Title

Sanu M.K vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
01 December, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • Sri
  • N Manoj Kumar
  • Smt Jayasree Manoj