T P MOOSAKUTTY Vs. VALANCHERRY GRAMA PANCHAYATH

JUDGEMENT

(1.) The grievance of the petitioners whose proposal to make land available to the 1st respondent-Panchayat for the construction of a bus stand and to construct bus stand buildings free of cost was accepted by the Panchayat is that the Panchayat is not executing the necessary agreements permitting them to commence the construction works.

(2.) The Valancherry Grama Panchayatl and its Secretary are the respondents. Pursuant to a decision taken by the 1st respondent- Panchayat on 23.11.2004 applications were invited from persons who were prepared offer lands suitable for construction of a bus stand for the Panchayat. The petitioners submitted a plan and project for the construction of the bus stand wherein it was proposed that necessary land will be given free of cost and that bus stand building will be constructed free of cost satisfying all the requirements of the Panchayat. Similar proposals were submitted by others also. Finally the petitioners' proposal was accepted by the Panchayat. The decision of the Panchayat was unsuccessfully challenged before the Tribunal for Local Self Government Institutions. The Tribunal's order was challenged by certain persons before this court in W.P.C.Nos.22971/05 and 23098/05. This court dismissed the Writ Petitions repelling the challenge against acceptance of the proposal submitted by the petitioners. However this court modified the decision of the Panchayat to the extent of clarifying that the Panchayat shall not enter into any contract with the petitioners herein till the matter engaged the attention of the Regional Transport Authority and sanction is obtained. This court clarified further that no construction of any sort can be done on the basis of the decision of the Panchayat nor any other activity carried out under that decision except after sanction is obtained from the Regional Transport Authority. The judgment of this court was appealed against. The Writ Appeal was dismissed by a Division Bench and Ext.P1 is copy of the judgment in the Writ Appeal. Pursuant to this court's judgment the Panchayat moved the R.T.A.Malappuram and the R.T.A.Malappuram by Ext.P2 proceedings dated 23.9.2006 accorded sanction for the construction of proposed new bus stand. Thereafter the petitioners submitted Ext.P3 request dated 30.10.2006 before the 2nd respondent to take steps for execution of the necessary agreement between the petitioners and the Panchayat. Ext.P3 request was followed by Ext.P4 representation dated 15.11.2006. Along with Ext.P4 a copy of the draft agreement proposed by the petitioners, i.e. Ext.P5 was also submitted.

(3.) The petitioners complain that even after elapse of months after the R.T.A.Malappuram granted approval to the proposed project, the respondents are not taking steps for execution of the agreement. Though the item was on the agenda of the Panchayat Committee meeting, the same was not taken up for consideration. The petitioners contend that in view of the earlier decision of the Committee it is not even necessary to place the matter before the Committee again. According to them, there is no impediment for execution of the agreement and for commencement of the work. Invitation of proposals and acceptance and all subsequent actions were taken in public interest. The decisions were taken considering the long felt need of the public for establishment of a new bus stand and the Panchayat is not going to incur any expenditure since the entire expenditure will be met by the petitioners themselves who after construction will hand over the building to the respondents.