P T KANNAPPAN Vs. DISTICT COLLECTOR

JUDGEMENT

(1.) PRAYER sought in this writ petition is to direct respondents 1 and 6 to conduct an enquiry in the matter of implementation of mplads scheme and to direct them not to implement the scheme for the benefit of the members of the scheduled caste who are residents of the Kizhakkambalam Grama Panchayath before conclusion of the enquiry.

(2.) PETITIONER is the president of the Kerala Pularyar mahasabha Association, which is said to consist of about 250 members. The Kizhakkambalam Grama Panchayath area comes within the erstwhile Muvattupuzha Parliamentary constituency. The issue raised in this writ petition is regarding the implementation of a scheme called Member of Parliament Local area Development Scheme (MPLADS) formulated by the government of India in November,2005. Exhibit P1 is the extract of the guidelines governing the implementation of the scheme. In this context, it is to be mentioned in terms of Exhibit P1 guidelines, governing the scheme, 15% of the fund is to be spent for the upliftment of areas inhabited by members of scheduled Castes. It is seen from pleadings in the writ petition, that Shri P. C Thomas, M. P submitted Exhibit R1 (a) letter to the first respondent, recommending the work of construction of retaining wall and for bathing ghat at Kulathekattukulam (pond)in Ward 1 of Kizhakkambalam Grama Panchayath. In Exhibit R1 (a), it is also mentioned that the required amount of Rs. 10 lakhs is to be sanctioned from the SC fund of the Scheme.

(3.) RESPONDENTS submit that on receipt of Exhibit R1 (a), feasibility report [exhibit R1 (b)] was obtained, which inter alia states that more than 51% of the beneficiaries of the project recommended are those belonging to Scheduled Castes. It is stated that this was also reported in Annexure R1 (c), a Social map submitted by the 5th respondent. It is also stated that the 5th respondent gave Annexure R1 (d) list of beneficiaries and that exhibit R1 (e) is yet another Feasibility Certificate. Exhibit R1 (f)and Exhibit R1 (g) are stated to be Social Map and another list of beneficiaries.