IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 1723 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------ P.S.ABDUL JABBAR, SUMI MAHAL, 6TH AVNUE, KALOOR-KADAVANTHRA ROAD, KALOOR PO, ERNAKULAM. BY ADVS. MR.P.SANTHOSH KUMAR (PANAMPALLI NAGAR), MR.LUIZ GODWIN D'COUTH, MR.K.P.CHANDRASEKHAR. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. * 3. THE JOINT DIRECTOR, LOCAL FUND AUDIT, ERNAKULAM. * THE NAME & ADDRESS OF THE 3RD RESPONDENT IS CORRECTED AS: DEPUTY DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, KAKKANAD, ERNAKULAM. - AS PER ORDER DTD. 25/03/2009 IN I.A.NO.3682/2009 4. THE SECRETARY, DISTRICT PANCHAYAT,ERNAKULAM. 5. THE REGIONAL PERFORMANCE AUDIT OFFICER, KOCHI REGION, THRIPOONITHARA. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH R4 BY ADV. MR.C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1723/2009 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SURCHARGE NOTICE DTD. 10/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1723/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of March, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P1 surcharge notice issued by the second respondent. This Court has passed an interim order on 16/01/2009 staying all further proceedings pursuant to Ext.P1, which is being extended from time to time. 2. Heard both sides. On behalf of the first respondent, a statement has been filed. It is submitted that as per Section 16(3) of the Kerala Local Fund Audit Act, 1994, persons aggrieved by surcharge notice can approach the District Court. This is also stipulated in Rule 20(13) KLFA Rules. 3. In that view of the matter, the writ petition is disposed of in the following terms. The petitioner will file appropriate appeal before the concerned District Court within three weeks from today. The appeal will be considered as filed within time, if it is filed within the aforesaid period of three weeks. 4. The interim order passed by this Court will continue for a period of one month. No costs. (T.R. Ramachandran Nair, Judge.) ms