PURAKKAD GRAMA PANCHAYATH Vs. S. RAMESAN AND ORS.

JUDGEMENT

(1.) THE appellant is the 4th respondent in W.P.(C) No. 10311/2006. The said Writ Petition was filed by the 1st respondent herein, seeking a writ of mandamus commanding the District Collector, Alappuzha and the Project Officer, District Rural Development Agency, Alappuzha, the 3rd and 4th respondents herein, to discharge the obligations arising out of Ext.P3 agreement dated 21/4/2003 executed with the 4th respondent and seeking a writ of mandamus commanding the appellant -Panchayat to release the cash component of the work to the tune of Rs.7,68,683/ - as reported in Ext.P4 assessment report submitted by the Assistant Executive Engineer LSGD (WR), Ambalappuzha Block Panchayat. The learned Single Judge by judgment dated 7/11/2008 disposed of the said Writ Petition, directing the appellant -Panchayat to release to the 1st respondent -writ petitioner the cash component for the work done, as admitted under Ext.P4 assessment report of the Assistant Executive Engineer concerned, within a period of one month from the date of receipt of a copy of the judgment. The 3rd respondent herein was further directed to consider and take action on Ext.P6 representation dated 9/7/2005, within two months from the date of receipt of a copy of the judgment. It is aggrieved by the said judgment of the learned Single Judge, the appellant -Panchayat is before us in this Writ Appeal.

(2.) WE heard the arguments of learned Standing Counsel for the appellant -Panchayat, the learned Senior Counsel for the 1st respondent -writ petitioner and also the learned Senior Government Pleader appearing for the official respondents.

(3.) THE Secretary of the Panchayat by Ext.P2 letter dated 12/5/2003 addressed to the District Manager, Food Corporation of India, Alappuzha, authorised the 1st respondent to lift the food grains allotted, from the Food Corporation of India (FCI) godown. Ext.P2 letter was issued based on an authorisation dated 5/5/2003 issued by the 4th respondent, authorising the Panchayat to lift 300 quintal of rice under SGRY -II Special Component Scheme. The 1st respondent has also executed Exts.P3 and P3(a) agreements dated 21/4/2003 for removal of water weeds from Kochuthodu to Kundalathode and from Gandhi Smrithivan, respectively. Going by Ext.P3 agreement, the total project cost comes to Rs.12,74,000/ -, which includes 140 tons rice and a beneficiary contribution of Rs.4,06,000/ -. Similarly, in the case of Ext.P3(a) agreement, the total project cost comes to Rs.14,56,000/ -, which includes 160 tons rice and a beneficiary contribution of Rs.4,64,000/ -.