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2013 Supreme(Ker) 89

C.K.ABDUL REHIM
Kulukkalloor Grama Panchayath Represente by Its Secretary – Appellant
Versus
Ombudsman For Local Self Government Institutions, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:Jibu P. Thomas, P.S. Appu, A.R. Nimod, C.A. Anoop, T.C. Suresh Menon, Advocates.
For the Repondents:R1, Mrs. M.T. Sheeba, Govt. Pleader, R2, M. Sasindran, R3, G. Sreekumar (Chelur), K. Ravi, Advocates. (Pariyarath).

Judgment :

1. Petitioner Grama Panchayat is challenging Ext.P7 order issued by the 1st respondent, the Ombudsman for Local Self Government Institutions. The 2nd respondent had approached the 1st respondent with a complaint that the petitioner panchayat had failed in making payment of an amount of Rs.1,03,055/- due, towards cost of materials supplied by them on the basis of orders placed by the panchayat, for the purpose of execution of two Lift Irrigation works. It is alleged that, inspite of repeated demands made, the amount was not paid. The prayer made before the Ombudsman was to issue directions for payment of the amounts due.

2. Before the Ombudsman, the Secretary of the petitioner panchayat had filed Exts.P5 and P6 objections. In Ext.P5 it is contended that, convenors of the beneficiary committees had executed the works and the materials in question were not supplied to the panchayat, nor it was received by the panchayat. It was contended that the materials were accepted only by convenors of the works in question and therefore the panchayat has no liability. Specific denial of the liability was raised and it is contended that if any amount is due on the basis of the supply eff









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