IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 25337 of 2009(J) -------------------------- PETITIONER(S): ------------------ T.KAMMUKUTTY MOULAVI,MANAGER, C.H.MUHAMMED KOYA MEMORIAL U.P.SCHOOL,KUNDOOR, MALAPPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTD BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,MALAPPURAM. 3. THE ASSISTANT EDUCTIONAL OFFICER, TANNUR,MALAPPURAM. 4. THE ASSISTANT ENGINEER(PWD),L.S.G.D THIRURANGADI GRAMA PANCHAYATH,MALAPPURAM. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25337/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE REQUEST DT 28.5.08. EXT.P2: COPY OF THE PERFORMA SUBMITTED BY THE 4TH RESPONDENT ALONG WITH CALCULATION SHEET. EXT.P3: COPY OF THE JUDGMENT IN WPC NO.23406 OF 2008 DT 16.12.2008. EXT.P4: COPY OF the ORDER L3-37856/95 DT 24.6.09 ALONG WITH THE AWARD STATEMENT. EXT.P5: A TRUE COPY OF the ORDER NO.B/3608/2009 DT 9.7.09. EXT.P6: COPY OF THE FITNESS CERTIFICATE FOR THE YEARS 2009-2010 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25337 OF 2009 (J) ===================== Dated this the 1st day of December, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to release the amount awarded to the petitioner in Ext.P4. 2. The facts of the case are that the petitioner is the Manager of an Aided School. The management of the school was taken over by the Government during the period 21/6/95 to 31/3/2000. Towards the rent that was payable, by Ext.P4 Award, the District Collector awarded an amount of Rs.3,36,856/- and the amount was not paid and therefore this writ petition is filed. 3. Counter affidavit has been filed by the respondents where it is stated that salary was due to the Headmaster of the School, whom the petitioner had placed under suspension and which order was not approved by the Department is due to be paid. It is stated that towards this liability, revenue recovery proceedings have already been initiated for realising Rs.1,31,319/-. 4. When this matter was take up today for hearing, WPC 25337/09 :2 : learned Government Pleader on instruction submits that after recovery of the aforesaid amount of Rs.1,31,319/-, the balance amount awarded by Ext.P4 has already been disbursed to the petitioner. However, learned counsel for the petitioner submits that the amount already recovered is not actually due and therefore the recovery itself is illegal. 5. In this writ petition, the only relief sought is to direct the respondents to pay the amount awarded in Ext.P4. Now that the admitted liability has been discharged by paying the admitted amount to the petitioner, if the petitioner is aggrieved by the recovery effected, petitioner will have to challenge the same independently. Therefore, this writ petition is closed, without prejudice to the right of the petitioner to challenge the recovery of the aforesaid sum of Rs.1,31,319/- from out of the amount awarded in Ext.P4. ANTONY DOMINIC, JUDGE Rp