IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3495 of 2008(N) ------------------------- PETITIONER: ------------ IDICULA KOSHY, (RETD. DRIVER, AGRICULTURE DEPARTMENT), THEKETHIL ADIMURIYIL HOUSE, KIDANGANNUR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURE (AGRI.) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, OFFICE OF THE PRINCIPAL AGRICULTURE OFFICER, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI ,J. ------------------------------- WP(C).NO.3495 of 2008 --------------------------------- Dated this the 30th day of January, 2008. JUDGMENT The petitioner retired as driver on 31.8.2002. While he was driving a vehicle he was involved in an accident which also injured one T.P.Kuriakose. The said person moved the MACT in OP.(MV)No.609/1991 in which the petitioner was arrayed as first respondent. By Ext.P2, an award was passed in favour of the claimant making respondents 1 and 2 jointly and severally liable for the amount awarded therein. Apparently, without taking note of Ext.P2 award, the petitioner's liability was fixed as an amount of Rs.531/- under Ext.P3. This amount was remitted by him. It seems that the Government thereafter satisfied Ext.P2 award by remitting an amount of Rs.1,02,189/- and since the award casts joint and several liability on the petitioner as also the Director of Agriculture, steps are taken under Ext.P4 to recover 50% of the award amount amounting to Rs.51095/-, from the petitioner. The petitioner filed Ext.P6 before the WPC. 3495/2008 2 Secretary, Agricultural Department seeking exemption from paying the amount and this is now met with Ext.P7 inter alia pointing out that the petitioner had given a declaration at the time of retirement agreeing to discharge any liability which might be detected later. The petitioner also filed Ext.P10 before the Secretary, Agricultural Department. In my opinion the only direction that could be issued in the light of the fact that the petitioner is also a judgment debtor in Ext.P2, is one to the Government to consider Ext.P10 and take a decision within three months from the date of receipt of a copy of this judgment. The Government shall advert to Ext.P1 order of acquittal and Ext.P9 Government order. Further proceedings pursuant to Exts.P4, P5 and P7 shall be kept in abeyance till the Government takes a decision as aforementioned. V. GIRI, JUDGE. Pmn/ WPC. 3495/2008 3