IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 32549 of 2007(Y) -------------------------- PETITIONER: ------------ DR.N.N.SUNIL, SR.VETERINARY SURGEON, VETERINARY HOSPITAL, TRIPUNITHURA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: ------------- 1. THE SECRETARY, COCHIN CORPORATION, OFFICE OF THE CORPORATION, P.B.NO.1016, ERNAKULAM, KOCHI-682 011. 2. DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, O/O. LOCAL FUND AUDIT DIRECTOR, THIRUVANANTHAPURAM-695 033. BY ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI SHRI.SHYSON P.MANGUZHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ------------------------- W.P.(C) No. 32549 of 2007 --------------------------------- Dated, this the 1st day of February, 2008 J U D G M E N T Learned counsel for the petitioner seeks time but the learned Government Pleader Shri. Shyson P. Manguzha refers to Section 16 (3) of the Kerala Local Fund Audit Act, 1994 and submits that against the surcharge ordered, the petitioner has effective remedy before the District Court. I find merit in this submission of Shri.Shyson P.Manguzha. I dispose of this writ petition relegating the petitioner to statutory remedy under Section 16(3) of the Local Fund Audit Act 1994. If the District Court receives an application from the petitioner under Section 16(3) of the Kerala Local Fund Audit Act 1994 against the order of surcharge, which is impugned in this writ petition, within a period of three weeks from today, that Court will entertain the application notwithstanding the delay and dispose of the application on merits. In the meanwhile, there will be a further direction that the interim order dated 02/11/2007, which is being continued till date, will continue for one more month. Continuance beyond one month will be decided by the District Court. (PIUS C.KURIAKOSE, JUDGE) jg