The petitioner, a former principal, filed a writ petition to quash recovery notices demanding Rs.6,83,069/-. The court disposed of the petition noting the petitioner had already remitted the remaining lis of Rs.34,090/- through the Standing Counsel on two instalments.
Petition disposed of. No specific relief granted as liability was already cleared.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA,
1944
WP(C) NO.41150OF 2017
PETITIONER:
REKHA S.NAIR
W/O.SUMESH K.NAIR,CHEMBAKASSERIL HOUSE,
PATHOORMUKKU, KULAKKADA P.O.,KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADV.
SRI.M.P.ASHOK KUMAR
RESPONDENTS:
1TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,NANTHANCODE,
KAVADIYAR P.O.,THIRUVANANTHAPURAM,
PIN: 695 003.
2 THE DIRECTOR KERALA STATE AUDIT DEPARTMENT, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695003.
ADDITIONAL R2 IMPLEADED AS PER ORDER DATED
28-03-2018 IN I.A. NO.1667 OF 2018
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
W.P.(C) No.41150 of 2017
2
SRI S. RAJMOHAN - SR GOVERNMENT PLEADER ;
SRI P.RAMACHANDRAN- AMICUS CURIAE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.41150 of 2017
3
J U D G M E N T
Anil K.Narendran, J
The petitioner, who served as the Principal of Travancore Devaswom Board Central School from 07.10.2013 to 09.06.2015, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P3 demand notice dated 14.11.2016 and Ext.P6 notice dated 14.02.2017 issued by the 1st respondent, Travancore Devaswom Board, whereby the petitioner was directed to remit a sum of Rs.6,83,069/- with penal interest amounting to Rs.34,090/- as liability. The petitioner has also sought for a declaration that the respondent has no jurisdiction to initiate recovery proceedings against the petitioner as she is not an employee under the Travancore Devaswom Board; a declaration that the petitioner is not liable to pay an amount as demanded by the respondents; and a writ of certiorari quashing Ext.P7 demand notice issued by the 1st respondent Board as petitioner is not liable to pay any amount to the Board.
W.P.(C) No.41150 of 2017
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consideration, this Court passed the following order:
“The learned Standing Counsel for the Travancore Devaswom Board, representing the 1st respondent, would submit that as per letter No.KSA.TDB/C4/53/2017 dt.16.01.2018, the 1st respondent is informed that the liability of the petitioner under para 9 of the audit report for a sum of Rs.6,48,979/- stands dropped. However, the liability as per para 5.2 for Rs.39,040/- still subsists.
The learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the additional 2nd respondent seeks time to get instructions. The learned counsel for the petitioner to serve a copy of this writ petition along with a copy of the interlocutory application, to the learned Senior Government Pleader today itself.”
(underline supplied) 4. On 27.09.2022, when this writ petition came up for consideration, after arguing for some time, this Court recorded the undertaking given on behalf of the petitioner that the petitioner will pay the liability of Rs.39,040/- in two equal monthly installments, the first installment payable on or before 10.10.2022 and the second installment on or before 10.11.2022.
W.P.(C) No.41150 of 2017
5
consideration, the learned counsel for the petitioner would submit that the petitioner has already remitted a total sum of Rs.34,090/- in two equal monthly installments of Rs.17,045/on 10.10.2022 and 10.11.2022.
In such circumstances, this writ petition is disposed of, recording the fact that the petitioner has already cleared the liability of Rs.34,090/- in two equal monthly installments.
Sd/-
ANIL K.NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE
PV
W.P.(C) No.41150 of 2017
6
APPENDIX OF WP(C) 41150/2017
PETITIONER’S EXHIBITS
EXHIBIT P1PHOTOCOPY OF THE APPOINTMENT ORDER
DATED 30/9/2013 ISSUED TO THE
PETITIONER
EXHIBIT P2PHOTOCOPY OF THE AUDIT REPORT FILED
BEFORE THE HIGH COURT ON 17/10/2016
EXHIBIT P3PHOTOCOPY OF THE DEMAND NOTICE DATED
14/11/2016
EXHIBIT P4PHOTOCOPY OF THAT LETTER DATED
15/12/2016 SENT BY THE PETITIONER
EXHIBIT P5PHOTOCOPY OF THE LETTER DATED
12/1/2017 SENT BY THE PETITIONER
EXHIBIT P6PHOTOCOPY OF THE NOTICE ISSUED BY THE
RESPONDENT BOARD
EXHIBIT P7PHOTOCOPY OF THE NOTICE DATED
05-02-2018
RESPONDENTS’ EXHIBITS
EXHIBIT R1(A):TRUE COPY OF THE REQUEST LETTER DATED
08/05/2018 ISSUED TO THE DISTRICT
COLLECTOR, KOLLAM.
1 issue framed by the court
Whether the petitioner has cleared her financial liability of Rs.34,090/- sought to be recovered by the respondents.
Rekha S.Nair
Travancore Devaswom Board
Director Kerala State Audit Department
Anil K.Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court