IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 15734 of 2008(W) -------------------------- PETITIONER: ------------ M.G. RAMACHANDRAN NAIR, RETD. ADMINISTRATIVE OFFICER, MANGARA HOUSE, PAMPADY, POOTHAKUZHY P.O. BY ADV. SRI.P.GOPAL SRI.RAJAN NAMBRATH RESPONDENTS: ------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY IT'S SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-3. 2. THE DEVASWOM COMMISSIONER, OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, KOTTAYAM. 4. THE DISTRICT COLLECTOR, KOTTAYAM, OFFICE OF THE DISTRICT COLLECTOR, KOTTAYAM. 5. THE TAHSILDAR (R.R), OFFICE OF THE TAHSILDAR (REVENUE RECOVERY), KOTTAYAM. 6. THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICER, PAMPADY. R4 TO R6 BY G.P. SHRI K. LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15734 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2008. JUDGMENT Ramachandran Nair, J. The petitioner retired from service of the Travancore Devaswom Board on attaining superannuation on 30.4.1993. Since there was delay in disbursal of the D.C.R.G. and last month's pay, he approached this court in W.P.(C) No.13092/2007 and after a direction was issued by this court, he received Rs.41,415/- towards D.C.R.G. and Rs.4,969/- towards last month's pay. 2. Presently, the petitioner's grievance is that without properly fixing the alleged liability on his part and without considering his objections, the Devaswom Commissioner proceeded to recover an amount of Rs.1,59,750/- as per Ext.P2 and requested the District Collector, Kottayam to proceed under the Revenue Recovery Act. Disputing the correctness of the same, the petitioner has filed Ext.P4 representation before the Devaswom Commissioner and Exts.P5 and P6 representations before the Devaswom Board. The very basis of fixing the liability has been disputed by the petitioner in these representations. It is also pointed out that his retirement WPC 15734/2008 -2- was on 30.4.1993 and at this distance of time, no liability can be fixed. It is also pointed out by the petitioner that the liability, if any, has now been fixed only provisionally and the Board has not fixed the liability at any time finally. 3. Since no final decision has been taken by the Devaswom Board in the matter, we think it only appropriate that the petitioner will be given an opportunity of hearing by the Board and the entire matter regarding fixing of the alleged liability will be considered by the Board itself. Therefore, there will be a direction to the first respondent to take a decision on Exts.P5 and P6 within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner also. Pending the same, any action taken to recover the amount from the petitioner will be kept in abeyance. The petitioner will be entitled to produce materials also in support of his objections in the matter, if he chooses so, before the Board at the time of hearing. The writ petition is disposed of in the above terms. No costs. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/