ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The issues involved in these cases are almost similar and hence dealt with together. By virtue of the statutory mandate under S. 15 and such other provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, mulcting the liability upon the Local Authorities to protect and preserve the river banks, it was decided to construct a permanent blockade to the concerned 'Kadavus' in the fourth respondent Panchayath in the respective Writ Petitions. The construction was sought to be effected, as proposed by the District Collector, who is the Chairman of the River Management Fund. The proposal made by the District Collector was considered by the High Level committee as well, and after examining the project proposal and recommendation in this regard, the Government sanctioned the same by Ext. P1 Government Order bearing No. G.O.(Ms) No. 429/09/RD dated 30.10.2009, whereby as many as 50 'Kadavus' in the concerned Panchayat/Municipality were identified, where permanent construction was sought to be effected. The total estimate was fixed as Rs. 3,09,75,000/- and it was ordered to raise funds and satisfy the liability to the concerned contractors on a 50:50 basis. The first half of the fund is to be procured from the River Management Fund and the remaining half by the concerned Grama Panchayath/Municipality, where the 'Kadavu' is situated.

(2.) Pursuant to Ext. P1 order and the tender notified in this regard, the petitioner participated in the bid and came out successful. It was accordingly, that Ext. P4 agreement came to be executed. Subsequently, the sites were handed over and construction was undertaken and completed by the petitioner within time and the same was handed over. After the completion of work as above, Ext. P7 bill/s was/were submitted by the petitioner before the Irrigation Department. After processing the same and on satisfaction as to the completion of work, the same was recommended to the District Collector. After considering the same, the District Col lector passed 50% of the amount liable to be paid, from the River Management Fund, in terms of Ext. P1 Government Order and the petitioner has received the said amount. The dispute is with regard to the balance 50% payable by the concerned local authority.

(3.) The case of the petitioner is that, the petitioner has been running from pillar to post and when the District Collector was approached, it was stated that, as per the terms of Ext. P1 Government Order, the balance 50% is to be paid by the local authority, while the fourth respondent/local authority submits that they do not have the requisite funds to satisfy the amount and that the full amount is to be disbursed from the River Management Fund.