T.M. MATHEW Vs. MEENANGADI GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner has approached this Court for a direction against the respondent Panchayat to fulfill its part in Ext. P 1 agreement for transferring the land in the name of the respondent for consideration of not less than Rs. 50,000/- per cent forthwith. The petitioner owns 50 cents of land in Re-Survey No. 340/4 in Block No. 19 of Krishnagiri Village of Sulthan Bathery Taluk. Out of the aforesaid, 10 cents of land was agreed to be assigned to the respondent Panchayat for construction of a tank under Drinking Water Scheme, implemented by the NABARD. It was also agreed that the consideration would be Rs. 50,000/- per cent or at the rate to be fixed by the Government in that regard. The said clause was incorporated in Ext. P1 agreement on a clear understanding between the parties that the amount to be fixed by the Government, at any rate, would be more than Rs. 50,000/- per cent; it is alleged.

(2.) At the time of filing of this Writ Petition, the project was at the stage of completion, awaiting commission. The grievance of the petitioner is that the respondent has not only paid the compensation for the land agreed to be purchased, but also disputed the consideration for sale as stated in Ext. P1. It is in this context, the petitioner has come up before this Court.

(3.) In the counter affidavit filed by the respondent Panchayat, they have maintained the stand that the District Collector, Wayanad has fixed the value of the land in question at Rs. 30,000/- per cent and thus, certified the value on 1.10.2010 vide Ext. R1 (a). The stand taken by them is that as the value of the land had to be finally decided by the Government as per Ext. P 1 and not by the Panchayat, the Panchayat is not in a position to pay off the value other than what was fixed by the District Collector.