IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12807 of 2008(Y) -------------------------- PETITIONER: ------------ MOLLY ABRAHAM, (RETIRED LIBRARIAN GRADE-I, B.A.M. COLLEGE, THURUTHICAD), KUMARACHERIL-SPRING FIELD, PUSHPAGIRI ROAD, THIRUVALLA-1. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM, PIN-695 033. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, PIN-686 001. 4. MANAGER, BISHOP ABRAHAM MEMORIAL COLLEGE, THURUTHICAD, PIN-689 597. 5. PRINCIPAL, BISHOP ABRAHAM MEMORIAL COLLEGE, THURUTHICAD, PIN-689 597. BY GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12807 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th April, 2008. J U D G M E N T The petitioner, who is a retired librarian of B.A.M. College, Thuruthicad, which is an aided college, is aggrieved by the fixation of liability by the 4th respondent-manager of the college. The contention of the petitioner is that liability has been fixed without taking into account the fact that although she was not liable, the petitioner has already made good 1070 numbers of books, which were found missing on verification. Therefore, the petitioner seeks the following reliefs: “i. Call for the records leading to Ext. P9, P13, P15 and P16 and quash them to the extent objected by the issuance of a writ of certiorari or any other appropriate writ, order or direction; ii. declare that the petitioner is not liable to pay either a sum of Rs. 28525/- as ordered in Ext. P9 or an amount of Rs.93261/- as ordered in Ext. P15; iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to return the amount of Rs.28525/- to the petitioner forthwith after deducting only a sum of Rs.2016 being her proportionate liability within a time limit to be fixed by this Hon'ble Court; iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to fix the liability if any of the petitioner only after intimating her the names and actual price of the books found missing and after hearing her within a time limit to be fixed by this Hon'ble Court.” 2. I am of the opinion that the petitioner should invoke the jurisdiction of the 3rd respondent in the matter since the order is by the manager. Accordingly, I dispose of the writ petition with the following directions. 3. If not already filed, the petitioner shall file an appropriate petition in the matter before the 3rd respondent. The 3rd respondent shall consider and pass orders on the same as expeditiously as possible at any rate within one month from the date of receipt of the application or the certified copy of this judgment, whichever is later, W.P.C. No. 12807/2008 -: 2 :- after affording an opportunity of being heard to the petitioner as well as the manager. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.