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2020 Supreme(Ker) 444

ALEXANDER THOMAS
Sumithran E. K. , S/o Kannan Edakkottummal Maruthonkara, Adukkath – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.D.KISHORE, SMT.MINI GOPINATH, SMT.MEERA GOPINATH, SRI.R.MURALEEKRISHNAN (MALAKKARA)
For the Respondent: SRI.K.J.MANU RAJ, SRI.NIRMAL.S, adv

JUDGMENT :

The case set up in this WP(c) is as follows: The petitioner, a contractor, was entrusted with the work of construction of Mavilakunnu Canal Road of Ward No. 14 of the 5th respondent Gramapanchayat on 02.01.2016. The work was carried out to the satisfaction of the 5th respondent Panchayat and the total value of the work done was submitted for Rs.1,99,999/-. The said amount was sanctioned after due verification. Later during the floods, the road was damaged and the 5th respondent Panchayat as per Ext.P3 decision resolved to recover the entire amount from the petitioner. Ext.P2 report of the Asst. Engineer reveals that the road was damaged not because of the fault of the petitioner. Ext.P2 report was ignored by the respondent panchayat while passing Ext.P3 decision. The petitioner challenged Ext.P3 under Section 191 of the Kerala Panchayat Raj Act before the 1st respondent by filing Ext.P4 petition which is numbered as DA 4341273/2020. Ext.P4 is pending consideration. In the meanwhile the 3rd respondent, Deputy Tahasildar, initiated revenue recovery proceedings as per Ext.P6 to recover an amount of Rs.2,51,344/-. The writ petition is filed seeking to direct the 1st responden

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