IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 13051 of 2007(D) -------------------------------------- PETITIONER: ----------------- C.CHANDRAN ASARI, SUB REGISTRAR (RTD), LALITHYAM, VILAYIL, VISWAMBHARAN ROAD, PAPPANAMCODE, THIRUVANANTHAPURAM-18. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION (KERALA), THIRUVANANTHAPURAM. 3. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION, SOUTH ZONE, THIRUVANANTHAPURAM. 4. THE DISTRICT REGISTRAR (GENERAL), MALAPPURAM. 5. THE DISTRICT COLLECTOR, MALAPPURAM. SR. GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).13051/2007-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PROCEEDINGS NO.E1-298/03 DATED 15/07/2003 OF 4TH RESPONDENT. EXT.P2: COPY OF THE LETTER NO.E1-1127/03 DATED 23/03/2005 WITH THE PROVISIONAL LIABILITY CERTIFICATE. EXT.P3: COPY OF AUDIT REPORT NO.28/2003 FOR THE PERIOD FROM 01/07/1997 TO 31/12/2000. EXT.P4: COPY OF EXPLANATION DATED 12/02/2004 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF LETTER NO.IRO-5-341/04 DATED 02/06/2004 OF THE 3RD RESPONDENT. EXT.P6: COPY OF INSPECTION REPORT FOR THE PERIOD FROM 01/01/98 TO 31/12/99. EXT.P7: COPY OF EXPLANATION DATED 19/03/2004 SUBMITTED BY THE PETITIONER. EXT.P8: COPY OF LETTER DATED 17/06/04 OF THE 3RD RESPONDENT. EXT.P9: COPY OF LETTER NO.166/2001 DATED 12/06/2002 OF SUB REGISTRAR, MALAYANMEEZHU TO THE PETITIONER. EXT.P10: COPY OF EXPLANATION DATED 28/07/2003 OF THE PETITIONER. EXT.P11: COPY OF THE LETTER DATED 02/08/2005 OF THE AEE, WATER SUPPLY PROJECT SUB DIVISION, TVM TO SUB REGISTRAR. EXT.P12: COPY OF G.O.(Rt)NO.151/90/TD DATED 01/11/1990 PUBLISHED IN SRO NO.1478/89. EXT.P13: COPY OF GOVERNMENT LETTER DATED 07/06/1998 COMMUNICATED AS PER ENDORSEMENT DATED 09/07/1998 OF THE 2ND RESPONDENT. EXT.P14: COPY OF G.O.(P)NO.119/99/TD DATED 17/08/1999. EXT.P15: COPY OF G.O.(MS)NO.133/05/TD DATED 22/09/2005. EXT.P16: COPY OF THE LETTER DATED 03/01/2003 OF SUB REGISTRAR, MAKKARAPARAMBU WITH THE AUDIT REPORT. EXT.P17: COPY OF EXPLANATION DATED 28/07/2003 OF THE PETITIONER. EXT.P18: COPY OF ORDER NO.A3-31128/2005 DATED 22/11/2005 OF THE 5TH RESPONDENT. EXT.P19: COPY OF CIRCULAR NO.E2-31525/74 DATED 03/12/1974. EXT.P20: COPY OF REPRESENTATION DATED 16/01/2007 TO THE 4TH RESPONDENT. EXT.P21: COPY OF REPRESENTATION DATED 16/01/2007 TO THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ P.A. TO JUDGE V. GIRI, J. ------------------------------- WP(C).NO. 13051 of 2007 --------------------------------- Dated this the 28th day of July, 2008 JUDGMENT The petitioner retired from service as Sub Registrar on 31.5.2003. Ext.P1 is the order of sanction in so far as the retirement benefits are concerned. Provisional liability amounting to Rs.30,873/- was fixed against the petitioner under Ext.P2 dated 23.3.2005. This is challenged by the petitioner. 2. In the counter affidavit filed on behalf of the 2nd respondent, it is now conceded that a final liability certificate was issued by the District Registrar only on 12.7.2007 and that too for an amount of Rs.6933/- as liability. The final liability certificate is therefore issued beyond three years from the date of retirement. 3. In the result, it is clear that no amount can be retained from the DCRG due to the petitioner. Therefore, there will be a direction to the second respondent to ensure that the amount of Rs.6933/- retained from the DCRG due to the petitioner is also disbursed within six weeks from the date of receipt of a copy of WPC. 13051/2007 2 this judgment. 4. Since the petitioner was issued the final liability certificate showing an amount of Rs.6933/- as liability on 12.7.2007, the petitioner is entitled to interest on the amount due to him by way of DCRG at least from the date of final liability certificate till the date of disbursal. Accordingly, the second respondent shall see that the petitioner is paid interest at the rate of 9% p.a. on the amount due to him by way of DCRG as sanctioned under Ext.P1 from 12.7.2007 till the date of actual disbursal of the amount due to the petitioner by way of DCRG. It is made clear that Ext.P18 only be treated as a tentative decision by the Government treating an amount of Rs.6933/- as the loss caused by the petitioner. It will be open to the Government to take steps to recover the said loss in accordance with law, in which case such steps shall be taken only after notice to the petitioner. The writ petition is disposed of as above. V. GIRI, JUDGE. pmn/ WPC. 13051/2007 3