IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7023 of 2011(C) ------------------------- PETITIONER(S): --------------- K.MADHAVAN PILLAI, RETIRED CHIEF ENGINEER, `SARAS', T.C.15/161, VELLAYAMBALAM, THIRUVANANTHAPURAM-10. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CHIEF ENGINEER (ADMINISTRATION) PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.7023 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011 J U D G M E N T The petitioner retired while working as Chief Engineer in the Public Works Department on 30.04.1993. Proceedings were initiated against him on the ground that because of certain irregularities committed by him in the execution of the work of construction of the Legislature Complex building, an amount of Rs.59,672/- proportionately fixed on the petitioner has to be recovered from him. Since the petitioner had already retired and the retirement benefits were disbursed to the petitioner by Ext.P3 order dated 01.09.1999 was passed deciding to file a civil suit for recovery of the said amount of Rs.59,672/-. The petitioner is challenging the same. When it was pointed out to the learned counsel for the petitioner that the petitioner can raise all his contentions against the fixation of liability, in the suit, if and when filed by the Government, the counsel W.P.(C)No.7023 of 2011 -2- for the petitioner seeks permission to withdraw the writ petition without prejudice to the right of the petitioner to take all contentions raised in this writ petition in the suit, if and when filed by the Government. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/