IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18316 of 2008(E) -------------------------- PETITIONER: ------------ KERALA POLICE ASSOCIATION(IDUKKIDISTRICT REPRESENTED BY ITS SECRETARY K.S. OUSEPH, PC NO.U-1869,KARIMANAL POLICE STATION IDUKKI. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY HOME DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE IDUKKI. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18316/2008 -------------------- Dated this the 18th day of June, 2008 JUDGMENT The petitioner, an Association, challenges Ext.P11 order by which the members of the petitioner-Association have been directed to refund the amount which they had allegedly received by way of travelling allowance during the period from 2001-2003. The allegation is that they were not entitled to receive such amount. Apparently, Ext.P11 was not preceded by a notice to the petitioner or its members. Normally if a direction for refund is not preceded by a notice or hearing, I would have interfered with the same. But in my view, the petitioner-Association, have a remedy before the Government. Ultimately the Government will have to decide the issue. 2. In the result, after hearing learned counsel for the petitioner, and the learned Government Pleader the writ petition is disposed of in the following terms:- 3. Ext.P11 shall be treated as a show cause notice and W.P.(C).18316/2008 2 the petitioner shall prefer objection within four weeks from today before the first respondent. If such objection is so received, the first respondent, shall after hearing the petitioner, take a decision thereon, within a period of three months from the date of receipt of a copy of this judgment. No recovery shall be effected on the basis of Ext.P11, pending orders by the first respondent. Enforcement of the demand, shall thereafter, be subject to the orders to be passed by the Government. V.GIRI, Judge mrcs