HYDRU MOHAMMED Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) A permanent resident of Mampad Grama Panchayat is the petitioner. The River Management Committee headed by the District Collector called for proposed works from different Grama Panchayat under the River Management Fund. Accordingly, all the Grama Panchayats including Mampad Grama Panchayat submitted several proposals of work out of which five proposals of Mampad Panchayat were accorded sanction and the same was submitted before the Governemnt and administrative sanction for execution of the work was issued by the District Collector as per Ext.P1.

(2.) The grievance of the petitioner is that all the Panchayats tendered the work and all most all the works in the other Panchayat have been completed. But in the Mampad Grama Panchayat even though tender was published as directed by the District Collector in Ext.P1 in a leading news paper, the Panchayat did not finalise the tender. Petitioner has come to understand that the Panchayat has made 29 new proposals saying that the earlier works sanctioned need not be continued with. The petitioner contends that the Grama Panchayat has no power or jurisdiction to do so. The Panchayat is trying to complete the work sanctioned as per Ext.P1 itself. It is pointed out that the Panchayat has no financial commitment in the matter and the entire fund is to be provided by the River Management Fund. The petitioner prays for a writ of mandamus directing the 2nd respondent to implement the work as per Ext.P1 proceedings of the District Collector, Malappuram. 2. The Committee of the Mambad Grama Panchayat was impleaded as additional 3rd respondent in this writ petition.

(3.) The Secretary of the Panchayat has stated in the counter affidavit that he was only abiding by the directions of the Committee. Action has been initiated by the District Collector against the Secretary for ingoring Ext.P1. Secretary is ready to implement Ext.P1. The learned Government Pleader would place before me a written instructions imparted him by WPC No.32789/2006 3 the District Collector. It is stated therein as follows: