IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 13688 of 2009(E) --------------------------------------- PETITIONER: ------------------ N.K.PREMCHAND, (RETIRED ASSISTANT ENGINEER,CORPORATION OF COCHIN), RESIDING AT PREM NIVAS,,THEVARA,KOCHI-13. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM, PIN : 682 030. 2. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, NEAR BOAT JETTY, ERNAKULAM, PIN- 682 013. 3. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI, PIN- 682 011. 4. THE PUBLIC INFORMATION OFFICER, CORPORATION OF COCHIN, KOCHI, PIN- 682 013. R1 & R3 BY GOVT. PLEADER MR. P. NANDAKUMAR, R2 & R4 BY MR. S. RAMESH BABU, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13688/2009-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AUDIT ENQUIRY NO. 12 DTD. 26/02/2004 ALONG WITH THE ANNEXURE. EXT.P.2: COPY OF THE SUMMONS NO.B11/65393/08 DTD. 01/12/2008 ISSUED BY THE R.1. EXT.P.3: COPY OF THE PETITION DTD. 17/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2005. EXT.P.5: COPY OF THE PETITION DTD. 28/01/2009 WITHOUT ITS ENCLOSURES ISSUED BY THE CORPORATION. EXT.P.6: COPY OF THE ORDER NO. B11-65393/2008 DTD. 13/02/2009 ISSUED BY THE R.1. EXT.P.7: COPY OF THE NOTICE NO. MOE7/PIO/20661/09 DTD. 21/02/2009. EXT.P.8: COPY OF THE NOTICE NO.MOE7-PIO-20661/09 DTD. 22/04/2009 OF THE CORPORATION ENGINEER. EXT.P.9: COPY OF THE RR NOTICE NO.E 7-157/08-09/CORPNDUES (B11-2008/65393/7) DTD. 09/03/2009 ISSUED BY THE R.3. EXT.P.9.A: COPY OF THE RR NOTICE NO.E7-157/08-09/CORPNDUES(B11-2008/65393/7) DD. 09/03/2009 ISSUED BY R3. EXT.P.10: COPY OF THE FILE NO. MOE4/557/2000. EXT.P.11: COPY OF THE FILE NO. 12305/99. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 13688 of 2009-E ------------------------------ Dated this the 11th day of June, 2009. J U D G M E N T Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner, Sri.P.Nandakumar, the learned Government Pleader appearing for respondents 1 to 3 and Sri.S.Ramesh Babu, the learned standing counsel appearing for the Corporation of Cochin. 2. The petitioner was a former employee of Corporation of Cochin. He retired from service on 31.3.2002. In this writ petition, he challenges Ext.P6 order dated 13.2.2009 passed by the District Collector, Ernakulam under the provisions of the Kerala Public Accountants Act, 1963, directing recovery of the sum of Rs.12,36,316/- and Exts.P9 and P9(a) notices issued under Sections 7 and 34 of the Kerala Revenue Recovery Act 1968. Sri.P.Nandakumar, the learned Government Pleader appearing for the District Collector, Ernakulam submits that though the petitioner was put on notice before Ext.P6 order was passed, the details of the particulars of claim had not been furnished to the petitioner. The learned Government Pleader also submits that reserving liberty with the District Collector, to pass fresh orders under the provisions contained in Kerala Public Accountants Act, 1963, the order impugned in writ petition may be set aside. W.P(C) No. 13688 of 2009-E 2 3. In the light of the submission made at the Bar by the learned Government Pleader appearing for the District Collector, I quash Ext.P6 order and Exts.P9 and P9(a) demand notices reserving liberty with the respondents to pass fresh orders in accordance with the provisions in the Kerala Public Accountants Act after affording the petitioner a reasonable opportunity to state his case. If the petitioner is aggrieved by the revised orders passed by the District Collector, it will open to him to challenge the same in other appropriate proceedings. The contentions of both sides on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 13688 of 2009-E 3