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2024 Supreme(Online)(KER) 38950
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946 WP(C) NO. 32979 OF 2024 PETITIONER:
BENNY CHERIYAN, AGED 52 YEARS S/O CHERIYAN, MEMBER OF PANCHAYATH, PANAMARAMGRAMAPANCHAYATH, WARD-11, PANAMARAM P.O, WAYANAD DISTRICT, PIN- 670721, RESIDING AT MADATHILPARAMBIL, PANAMARAM P.O, WAYANAD DISTRICT, PIN - 670721 BY ADVS.
M.PAUL VARGHESE M.M.MONAYE K.V.SANOSH ANJANA SUGUNAN RESPONDENTS:
1 PANAMARAM GRAMA PANCHAYATH, PANAMARAM P.O, WYANAD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 670721
2 SECRETARY, PANAMARAM GRAMA PANCHAYATH, PANAMARAM P.O, WAYANAD DISTRICT, PIN - 670721
3 PRESIDENT, PANAMARAM GRAMA PANCHAYATH, PANAMARAM P.O, WAYANAD DISTRICT, PIN - 670721
4 VICE PRESIDENT, PANAMARAM GRAMA PANCHAYATH, PANAMARAM P.O, WAYANAD DISTRICT, PIN - 670721
5 JOINT DIRECTOR OF PANCHAYATHS, LOCAL SELF GOVERNMENT DEPARTMENT, CIVIL STATION, KALPETTA, WAYANAD, PIN - 673121
6 PRINCIPAL DIRECTOR, LOCAL SELF GOVERNMENT DEPARTMENT,DIRECTORATE OF LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJBHAVAN, FIFTH FLOOR, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003
7 DEPUTY POLICE SUPERINTENDENT, VIGILANCE AND ANTICORRUPTION BUREAU, MEENANGADI P.O, WAYANAD DISTRICT, PIN - 673591
8 DIRECTOR, VIGILANCE AND ANTICORRUPTION BUREAU,VIKASBHVAN, LAW COLLEGE ROAD, OPPOSITE KSRTC DEPOT, P.O PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 OTHER PRESENT:
SMT.PREETHA K.K., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J ............................................................
W.P(C) No.32979 of 2024 .............................................................
Dated this the 17th day of October, 2024
JUDGMENT
Ext.P10 is a complaint preferred by the petitioner before the 5th respondent-Joint Director of Panchayat, complaining about the alleged irregularities in the matter of making contractual appointments.
2. The 5th respondent shall take up Ext.P10 with notice to those against whom the allegations are made and after hearing the writ petitioner and all the affected parties, a decision shall be taken on Ext.P10, in accordance with law within a month from the date of receipt of the copy of the judgment.
Sd/-
MOHAMMED NIAS C.P.
JUDGE Anu APPENDIX OF WP(C) 32979/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE G.O (ORDINARY) NO.
3181/12/LSGD DATED 19.11.2012, ALLOWING THE APPOINTMENT OF ENGINEERS TEMPORARILY Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER (G.O (P) NO. 27/2016/FIN) DATED 26.2.2022, ISSUING THE GUIDELINES FOR CONTRACT APPOINTMENTS IN AUTONOMOUS BODIES Exhibit P3 TRUE COPY OF THE LETTER (PDLSGD/1241/2022) DATED 20.12.2022 OF THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE RESOLUTION NO. 8 (FILE NO. 2024/06/25-8) DATED
25.06.2024 OF THE PANAMARAM GRAMA PANCHAYATH COMMITTEE Exhibit P5 TRUE COPY OF THE LETTER DATED 7.8.2024 ADDRESSED TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, ISSUED BY THE PUBLIC INFORMATION OFFICER AND SECRETARY, PANAMARAM GRAMA PANCHAYTH Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER (G.O(RT) NO. 1846/2021/LSGD) DATED
24.09.2021 Exhibit P7 TRUE COPY OF THE RESOLUTION NO.7 DATED
29.02.2024 OF THE PANAMARAM GRAMA PANCHAYATH COMMITTEE, WHICH THE PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT Exhibit P8 TRUE COPY OF THE RESOLUTION NO.6 (FILE NO. 2024/06/11-6) DATED 11.06.2024, OF THE PANAMARAM GRAMA PANCHAYATH COMMITTEE, AS CHANGED BY THE SECRETARY, WHICH THE PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT Exhibit P9 TRUE COPY OF THE RESOLUTION NO.7 (FILE NO. 2024/06/25-6) DATED 25.06.2024, OF THE PANAMARAM GRAMA PANCHAYATH COMMITTEE, WHICH THE PETITIONER OBTAINED UNDER RIGHT TO INFORMATION ACT Exhibit P10 TRUE COPY OF THE COMPLAINT DATED
28.6.2024 MADE BY THE PETITIONER BEFORE THE 5TH RESPONDENT Exhibit P11 TRUE COPY OF THE COMPLAINT DATED
23.05.2024 REGARDING THE ILLEGAL APPOINTMENT OF SRI. VARUNIS Exhibit P12 TRUE COPY OF THE COMPLAINT DATED
23.05.2024 REGARDING THE CORRUPTION IN THE INSTALLATION OF STREET LIGHTS AND PURCHASE OF FURNITURE BY THE PANCHAYATH Exhibit P13 TRUE COPY OF THE LETTER OF ACKNOWLEDGMENT DATED 23.05.2024 ISSUED BY THE 7TH RESPONDENT Exhibit P14 TRUE COPY OF THE LETTER DATED
09.08.2024 OF THE 7TH RESPONDENT, ADDRESSED TO THE PETITIONER, POINTING OUT THAT THE IRREGULARITIES WERE FOUND OUT Exhibit P15 TRUE COPY OF THE GOVERNMENT ORDER (G.O(ORD) NO. 1262/2023/LSGD) DATED
18.06.2023
