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2005 Supreme(Ker) 761

THOTTATHIL B.RADHAKRISHNAN
The Valanchery Service Co-operative Bank Ltd. – Appellant
Versus
The State of Kerala, Represented by the Secretary to the Government – Respondent


Judgment :-

The 3rd respondent Grama Panchayat, by Ext.P1, unanimously resolved to accept the quotation of the petitioner for supply of food articles for different anganwadies under its jurisdiction. The 2nd respondent Project Officer of Integrated Child Development Scheme (ICDS) issued Ext.P2 to the Supervisor of the 3rd respondent Grama Panchayat directing that the supply shall be taken from the 4th respondent. Faced with Ext.P2, the 3rd respondent Panchayat issued Ext.R3(a) letter to the Secretary to the Government of Kerala in the Social Welfare Department. In reply to that, the Government through under Secretary for the Secretary in the Social Welfare Department, issued Ext.P4 to the 3rd respondent Grama Panchayat directing that the 4th respondent should be permitted to make the supply. It is this decision that is under challenge by the petitioner.

2. The 3rd respondent Panchayat has filed a counter-affidavit, standing by its unanimous decision reflected as per Ext.P1 resolution and stating that it is within its authority to do so and that the Project Officer of ICDS has no authority to interfere in the matter.

3. The 4th respondent, the beneficiary of the action taken by respon










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