IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 25527 of 2005(L) ------------------------------------- PETITIONER(S): ----------------------- P.N. CHANDRASEKHARAN, INDEEVARAM, P.O. THRIKKANAPURAM, VIA. THAVANUR, MALAPPURAM DISTRICT-695 573. BY ADVS. SRI.MOHAN PULIKKAL SRI.PAULCY KURIAN RESPONDENT(S): -------------------------- 1. THE DISTRICT REGISTRAR (GENERAL) MALAPPURAM. 2. THE SUB REGISTRAR, KODAKKAL, MALAPPURAM DISTRICT. 3. THE SUB REGISTRAR, TIRUR, MALAPPURAM DISTRICT. 4. THE SUB REGISTRAR, PONNANI, MALAPPURAM DISTRICT. 5. THE INSPECTOR GENERAL OF REGISTRATION VANCHIYOOR, THIRUVANANTHAPURAM. 6. THE STATE OF KERALA, REP. BY THE SECRETARY, REGISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R6 BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.25527/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. 15.12.2002 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P2:- COPY OF THE GRATUITY PAYMENT ORDER DTD. 21.11.02 ISSUED BY THE ACCOUNTANT GENRAL (A&E), KERALA. P3:- COPY OF THE REPRESENTATION DTD. 3.7.05 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P4:- COPY OF THE REPLY DTD. 22.7.05 RECEIVED FROM THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JDUGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.25527 Of 2005 ----------------------------------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2011 J U D G M E N T The Writ Petition was filed by the petitioner seeking for a direction to issue the non-liability certificate and to disburse the retirement benefits including the DCRG to him. 2. The petitioner retired as Sub Registrar from the Sub Registrar's Office, Ponnani, Malappuram on 30.11.2002. 3. In the statement filed on behalf of respondents 1 to 5, it is pointed out that the liability was fixed at Rs.14,653/- and a liability certificate was accordingly issued on 4.11.2005. 4. The learned counsel for the petitioner presses for grant of interest for the delayed payment. 5. Evidently, the petitioner retired from service on 30.11.2002. Of course, it is true that the liability was not fixed within the outer limit of three years. But, here the petitioner is not challenging the fixation of liability, based on the audit. In that view of the matter, as it is submitted that the entire amount, less the liability, has been disbursed, this is not a fit case for grant of interest for the delay in payment. The time W.P.(C)No.25527/05 -2- taken for completing the audit will have to be reckoned in terms of the relevant rules also. Therefore, the Writ Petition is disposed of recording the submission that the balance amount has been released to the petitioner. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge