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. 4668 of 2009(E) ------------------------------------ PETITIONER(S): ------------------------ P.KESAVAN,S/O.VELLAI,RETIRED SECRETARY, VAITHIRI GRAMA PANCHAYATH, WAYANAD DISTRICT, RESIDING AT VISHNU BHAVAN, PANAMKANDI, KARYAMPADI, WAYANAD DISTRICT. BY ADV. MR.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. 2. THE CHAIRMAN,LOCAL FUND ACCOUNTS COMMITTTEE, STATE LEGISLATURE,LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM. 3. VAITHIRI GRAMA PANCHAYATH,WAYANAD DISTRICT REPRESENTED BY ITS SECRETARY. 4. TAHSILDAR (REVENUE RECOVERY),TALUK OFFICE, VAITHIRI, WAYANAD DISTRICT. BY ADV. MR.MANOJ RAMASWAMY FOR R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4668/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEVANT EXTRACT OF THE AUDIT NOTE RELATING TO THEWIRING OF HOUSES IN VAITHIRI GRAMA PANCHAYATH. P2:- COPY OF THE NOTICE DT. 27.1.06 ISSUED BY THE 3RD RESPONDENT PANCHAYATH TO THE PETITIONER. P3:- COPY OF THE REVENUE RECOVERY NOTICE DT. 11.7.08 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE AUDIT REPORT . R1(b):- COPY OF THE SURCHARGE NOTICE. R1(c):- COPY OF THE POSTAL ACKNOWLEDGMENT CARD. R1(d):- COPY OF THE SURCHARGE CERTIFICATE. R1(e):- COPY OF THE PROCEEDINGS. R1(f):- COPY OF THE CONSOLIDATED REPORT. TRUE COPY P.A. TO JUDGE TSS T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.4668 of 2009 --------------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is aggrieved by the revenue recovery proceedings initiated against him as per Ext.P3. He was the Secretary of the Pozhuthana Grama Panchayat in Wayanad District. He retired from service on 30.6.2007. Ext.P3 shows that the revenue recovery notice issued to the petitioner by the 4th respondent is in connection with the service in Vithiri Grama Panchayat. The petitioner has impleaded the Chairman, Local Fund Accounts Committee of the Legislature as a party in this Writ Petition. 2. The learned Government Pleader submits that the 2nd respondent is not a necessary party. Therefore, 2nd respondent will stand deleted from the party array. 3. The 1st respondent has filed a counter affidavit stating that the 1st respondent is the Statutory Auditor of Panchayat Raj institutions in the State of Kerala and the Deputy Director of Local Fund Audit, District Office, Wayanad is in charge of such institutions in Wayanad district. The audit of the accounts of Vaithiri Grama Panchayat was conducted between the periods 07.06.2000 to 17.06.2000. Many defects, wpc: 4668 of 2009 2 deficiencies, irregularities and excess payment were pointed out in the Audit report. 4. Ext.R1(a) is the photocopy of relevant extract of paragraph 50 of the Audit Report. The relevant provisions of the Kerala Local Fund Audit Act, 1996 requires explanation from the concerned Panchayat and persons like the petitioner. Since no reply was received either from the Grama Panchayat or from the petitioner, charge/surcharge action was initiated by the 1st respondent as per Rule 20 of the Kerala Local Fund Rules, 1996 and accordingly surcharge notice was issued on 22.01.2008 [Ext.R1(b)]. It is pointed out that the petitioner did not respond thereafter. By Exts.R1(d) and R1(e) liability was finalized. 5. The learned counsel for the respondents submitted that the petitioner has already received the copies of Exts.R1(d) and R1(e). Section 215 of the Panchayat Raj Act gives a remedy to challenge the same before the District Court by filing an appeal within 14 days from the date of receipt of a copy of the order. It is submitted by the learned counsel for the petitioner that the copies of Exts.R1(d) and R1(e) have not been served on the petitioner. The counter affidavit does not indicate whether they wpc: 4668 of 2009 3 have been served and the date and the manner of service of the proceedings. The learned counsel for the petitioner prayed that a direction may be issued to the 1st respondent to issue fresh copies of Exts.R1(d) and R1(e) for enabling the petitioner to approach the District Court Therefore, the Writ Petition is disposed of in the following terms: a) The first respondent will issue copies of Exts.R1(d) and R1(e) duly authenticated within a period of 15 days from the date of receipt of production of a copy of this judgment. b) The petitioner will accordingly approach the District Court by filing an appeal within the statutory period. The interim order passed by this Court will continue for a period of one month until the appeal is filed, as directed above, to enable the petitioner to seek interim orders, if required. T.R.RAMACHANDRAN NAIR, JUDGE bps