IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 RP.No. 224 of 2008(L) {IN WP(C)NO.7468/2007 OF THIS COURT} .................... REVIEW PETITIONERS/RESPONDENTS 1 TO 3 & 5 IN WP: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE REVENUE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, STATE OF KERALA, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, CHANGANASSERY. 4. THE ACCOUNTANT GENERAL, STATE OF KERALA, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN RESPONDENTS: PETITIONER & 4TH RESPONDENT IN WP: ----------------------------------------------- 1. K.P. YATHEENDRANATH, DEPUTY TAHSILDAR (RETIRED), KAKKARITYL HOUSE, ALISSERY WARD, ALAPPUZHA. 2. THE SECRETARY, DISTRICT CO-OPERATIVE BANK, ALAPPUZHA. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J. ------------------------- R.P.NO.224/08 in W.P(C)No.7468 of 2007 ------------------------- Dated this the 2nd day of April, 2008. O R D E R The writ petition was disposed of directing the Commissioner of Land Revenue to disburse the Death cum Retirement Gratuity due to the petitioner essentially taking note of the submission made by the counsel for the 4th respondent-bank in the writ petition that the amount due to the bank as such has been realised in its entirety. 2. This review petition has been filed by the State of Kerala, represented by the Revenue Secretary and the Commissioner of Land Revenue pointing out that, apart from the amounts, which were earlier due to the 4th respondent bank, there were other amounts which were due from the writ petitioner and it was actually shown as his liability in a liability certificate that was issued on 4.10.2006. Annexure-A is a copy of the liability certificate issued to him. Item No.1 therein is the amount which was then due to the District Co-operative Bank, R.P.NO.224/08 in WPC 7468/07 :: 2 :: Alappuzha, the 4th respondent. Items 2 and 3 relate to other liabilities. It is contended that by an oversight, the liability certificate was not brought to the notice of this court at the time of admission and disposal of the writ petition. 3. I heard learned Senior Government Pleader Mr.Nandakumar and learned counsel for the 1st respondent/writ petitioner. 4. Annexure-A liability certificate was issued within three years from the date of retirement of the first respondent/petitioner on 31.03.2006. No doubt, item No.1 shown in Annexure-A has ceased to exist because the bank has already recovered it from the principal debtor. But, items 2 and 3 therein continue to be a liability as far as a retired employee is concerned. Therefore, a direction to disburse the Death cum Retirement Gratuity, as such, due to the petitioner requires a modification. In the result, the review petition is disposed of clarifying that the direction originally issued to the 2nd R.P.NO.224/08 in WPC 7468/07 :: 3 :: respondent in the writ petition to disburse the Death cum Retirement Gratuity due to the petitioner need be treated as a direction to disburse the Death cum Retirement Gratuity, less the amount due as shown against items 2 and 3 in the liability certificate dated 4.10.2006 as part of Annexure-A. The original 2nd respondent may issue a liability certificate to the petitioner deleting item No.1, in the light of the stand already taken by the District Co- operative Bank. This shall be communicated to the treasury within a period one month from the date of receipt of a copy of this order. If the 1st respondent/petitioner is aggrieved as regards items 2 and 3 in the liability certificate, it is open to him to take appropriate steps in that regard. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge