While hearing a writ petition challenging an undertaking to pay compensatory costs, the single judge held that imposing costs without notice after finding no corruption violated ends of justice.
The undertaking to pay compensatory costs of Rs. 5,000 and consequential recovery actions were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931
WP(C).No. 5571 of 2005(L)
-------------------------------------PETITIONER(S):
-------------------------
1. I.K.NARAYANAN, KARSHAKA SANGAM, VADANAPPALLY PANCHAYAT COMMITTEE PRESIDENT, S/O. KUTTAN, INJIKATTU, VADANAPPALLY P.O., CHAVAKKAD, THRISSUR.
2. P.A.VELAPPU, KARSHAKA SANGHAM, VADANAPPALLY PANCHAYAT COMMITTEE SECRETARY, S/O. AYYAPPAUTTY, PUTHUPPALLY VEEDU, P.O.THRITHALLOOR, THRISSUR.
BY ADV. MR.C.M.SURESH BABU
RESPONDENT(S):
2. THE PRESIDENT, VADANAPPALLY GRAMA PANCHAYAT, VADANAPPALLY P.O., THRISSUR DISTRICT.
3. THE SECRETARY, VADANAPPALLY GRAMA PANCHAYAT, VADANAPPALLY P.O., THRISSUR DISTRICT.
4. C.I.SEBASTIAN, PRESIDENT, VADANAPPALLY KARSHAKA SAHAKARANA SANGHAM PRESIDENT, VADANAPPALLY P.O., THRISSUR DISTRICT.
5. P.R.MARY, SECRETARY, VADANAPPALLY KARSHAKA SAHAKARANA SANGHAM SECRETARY, VADANAPPALLY P.O., THRISSUR DISTRICT.
6. THE KRISHI OFFICER, VADANAPPALLY KRISHI BHAVAN, VADANAPPALLY P.O., THRISSUR DISTRICT.
R2 TO R6 BY ADV.MR.S.U.NAZAR
BY ADV. MR.J.JULIAN XAVIER MR.FIROZ K.ROBIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.5571/2005 L
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.5571 of 2005-L
JUDGMENT
WP(C)5571/2005
-: 2 :-
2.However, the learned Ombudsman further proceeded to hold that the complaint made by the petitioners was merely allegations and hence, they are liable to pay compensatory costs. The imposition of such costs was on a day on which the petitioners were absent and without giving them a notice to explain against such imposition. Beyond that is a fact that the mere finding that the activities were carried out appropriately under the scheme does not, by itself, invite a situation warranting imposition of compensatory costs. It would be inappropriate to deem malice and other vitiating elements in such process unless it is shown with fairly good supporting materials. Therefore, I am satisfied that ends of justice do not require the continued sustenance of the direction to pay the compensatory costs.
Accordingly, this writ petition is allowed quashing Ext.P1 to the extent it imposes compensatory costs of Rs.5,000/- on the
WP(C)5571/2005 -: 3 :-
petitioners. All consequential actions taken by the respondents to recover such costs will also stand quashed hereby. No costs.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Sha/170609
1 issue framed by the court
Whether the imposition of compensatory costs on petitioners without notice violates ends of justice.
I.K. Narayanan
P.A. Vellappu
The Ombudsman for Local Self Government Institutions
The President, Vadanappally Grama Panchayat
Thottathil B. Radhakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
