N. Nagaresh, J
1. The President of Kizhakkambalam Grama Panchayat is before this Court seeking to quash decision No.4.42 in Ext.P12 and to command
respondents 1 to 3 to sanction the work of Maliyekkalpadiâ€"Pazhanganad Road of Ward No.16 and Thykavuâ€"Choorakottu Road Second Reach of
Ward No.5 of Kizhakkambalam Grama Panchayat as per the project No.147/22 and 140/22 respectively under the maintenance grant allocated for the
year 2021â€"2022. The petitioner further seeks to direct respondents 1 to 3 to carry forward the work of Maliyekkalpadiâ€"Pazhanganad Road of
Ward No.16 and Thykavuâ€"Choorakottu Road Second Reach of Ward No.5 of Kizhakkambalam Grama Panchayat as per the project No.147/22
and 140/22 utilising the maintenance grant allocated for the year 2021â€"2022 itself.
2. The petitioner states that the Grama Panchayat is taking up various developmental projects using own funds, plan funds, maintenance funds and by
public and private participation during the past three years. The Panchayat prefers the road maintenance work in BM and MC standards, which will
have a long life. Any other mode of road maintenance will be waste of money by next rainy season.
3. The petitioner states that the Government has issued guidelines for spending annual funds, Maintenance Grant (Road and non-Road), from time to
time. Ext.P2 is the Government Order providing guidelines for utilising the funds.
4. As per Ext.P3 Circular dated 14.03.2005, Maintenance Grant can be utilised for metalling and tarring of the roads. In the year 2018, the
Government had permitted the Panchayat to construct certain roads in BM&BC specifications using own fund and Maintenance Grant, as per Ext.P4.
5. In the year 2021, the Panchayat as per Ext.P5, submitted projects before the District Planning Committee (DPC). The Maliyekkalpadi-
Pazhanganad Road of Ward No.16 and Thykavu-Choorakkottu Road Second Reach of Ward No.5 were proposed and included to be retarred using
Maintenance Grant. Four other roads were proposed to be maintained under own funds. By Ext.P6, the DPC granted sanction for projects relating to
those roads. However, the DPC forwarded the project relating to retarring the roads to the 2nd respondent-State Level Co-ordination Committee
(LSGD).
6. The 2nd respondent as per Ext.P10 proceedings dated 10.02.2022 rejected the proposal of the Panchayat to do the tarring of Maliyekkalpadi-
Pazhanganad Road of Ward No.16 and Thykavu-Choorakkottu Road Second Reach of Ward No.5 holding that Maintenance Grant cannot be utilised
for BM&BC tarring/renovation. The petitioner challenged the said decision of the State Level Co-ordination Committee filing W.P.(C) No.11229 of
2022. This Court stayed the impugned decision in Ext.P10 by an interim order and directed the respondents to take further appropriate action. But, the
2nd respondent passed Ext.P12 order allowing the Panchayat to carry out the work utilising Own Fund, Development Fund (General) and Finance
Commission Grant (United). The 2nd respondent refused approval to utilise Maintenance Grant for the purpose.
7. The petitioner states that the Panchayat is not having any unutilised funds under the heads Development Fund (General) and Finance Commission
Grant (United) as those funds have already been utilised for other projects. The Panchayat does not have enough Own Fund for the entire project and
₹25,00,000/- is already allotted for the project. In the Maintenance Grant, there is enough surplus fund available. There is no reason for denying the
Panchayat permission to utilise the Grant which would otherwise get lapsed.
8. The respondents did not opt to file a counter affidavit in the writ petition. The Senior Government Pleader, however, resisted the writ petition
contending that the Maintenance Grant can be utilised only for maintenance work. In view of the provisions in G.O. dated 09.12.2004 and Circular
dated 28.11.2012, there should be a unanimous decision of the Panchayat Committee for such utilisation. The Government has not permitted any
Panchayat to utilise Maintenance Fund for BM&BC work. Therefore, the writ petition is liable to be rejected.
9. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.
10. The petitioner-Panchayat has been taking up various developmental projects using Own Funds, Plan Funds, Maintenance Grants and Public and
Private participation during the past years. As the roads constructed are found short lived, the Panchayat has decided to adopt BM&BC standards for
maintenance of roads. It is not in dispute that the roads constructed and maintained as per BM&BC specifications have much longer life. The
petitioner-Panchayat therefore decided to re-tar Maliyekkalpadi-Pazhanganad Road and Thykavu Choorakkottu Road with BM&BC standards
utilising the Maintenance Grant available.
11. Ext.P6 decision of the DPC would show that the DPC has rejected certain other proposals of the Panchayat but not the proposals on
Maliyekkalpadi-Pazhanganad Road and Thykavu- Choorakkottu Road with BM&BC standards. The 2nd respondent, however, granted permission for
the proposal on condition that only Own Fund, Development Fund (General) and Finance Commission Grant (Untied) can be utilised. In effect, the
permission to utilise Maintenance Grant for the purpose stands rejected.
12. The petitioner would submit that the Panchayat has exhausted all other funds, than Maintenance Grant, by implementing various projects in a time
bound manner. An amount of ₹62,16,013/- is available under the Maintenance Grant, which unless utilised in this financial year, would get lapsed.
13. In this regard, it is to be noted that Ext.P2 guidelines provide that Maintenance Grant is non-divertible and can be utilised only for maintenance of
the existing roads. Maintenance Grant cannot be used for construction of new roads. In the case of Maliyekkalpadi-Pazhanganad Road and Thykavu-
Choorakkottu Road, those are existing roads. The Panchayat only wants to surface the road in BM&BC standards. Therefore, the said work can be
treated as maintenance work.
14. According to the petitioner, in the year 2018, the Government had granted permission to the Panchayat for renovation of Thamarachal Byepass-
Sevanapadi Link Road in BM&BC standards and the Panchayat has utilised Own Fund and Maintenance Grant for the said road renovation work.
15. In this year, the Panchayat has fully utilised Funds under all other heads than Maintenance Grant for development purposes. The Panchayat has
allotted ₹25,00,000/- for the Maliyekkalpadi- Pazhanganad Road and Thykavu-Choorakkottu Road. Unless the Maintenance Grant is utilised, the fund
would be lapsed.
16. The Assistant Engineer, Local Self Government Department has given Ext.P9 report to the effect that taking into consideration the heavy traffic
on these roads and all other relevant factors, these roads are to be maintained in BM&BC standards.
17. In the afore special facts of the case, I am of the firm view that the respondents have to give permission to the petitioner-Panchayat to construct
the roads in question in BM&BC standards utilising the available funds under the Maintenance Grant, in the larger public interest.
The writ petition is therefore allowed. Respondents 1 to 3 are directed to sanction the work of Maliyekkalpadi-Pazhanganad Road of Ward No.16 and
Thykavu-Choorakkottu Road Second Reach of Ward No.5 of Kizhakkambalam Grama Panchayat submitted as per Project Nos.147/22 and 140/22
utilising the Maintenance Grant allocated for the year 2021-2022. Taking into consideration the fact that the current Financial Year is coming to an
end, respondents 1 to 3 shall pass appropriate orders expeditiously.
