M.I.MATHEWS VAIDYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are stated to be the pioneers in 'Herbal Therapy', designed to help and support patients suffering from disorders like Autism, Down Syndrome, mental retardation, Muscular Dystrophy, Micro-cephalic, Polio Myebitis and such other disorders of cerebral- spine origin and say that they had been conducting programs for such patients for the last more than a decade.

(2.) According to the petitioners, they conducted one such project in the year 2011, which was noticed by the 5th respondent- Panchayath and they, therefore, requested the petitioners to present it before them to help them to decide if it could be used by them for the benefit of the patients within their territorial limits. They say that accordingly, the project was presented before the Panchayath, who, thereafter, made a request to the Government of Kerala, as is evidenced from Ext.P2, seeking sanction for the project; and that the Government, thereafter, issued Ext.P3 order on 28.12.2011, granting sanction for the same. They say that thus an agreement was entered into between the Panchayath and themselves and the project was thus officially launched.

(3.) The petitioners say that, in fact, as is evident from Ext.P6, the total amounts ear- marked for the project was never used by them, since they were able to efficiently manage the funds and that they have been continuing with the project, thus bringing succur to many hundreds of patients within the territorial confines of the 5th respondent-Panchayath. They allege that even this being so, the Panchayath abruptly refused to honour their bills stating that there are some objections raised by the Kerala Audit Department and therefore, that they cannot release the funds any further.