IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 21795 of 2010(Y) -------------------------- PETITIONER(S): --------------- P.OMANA KUNJAMMA,(RETIRED DISTRICT REGISTRAR(AUDIT),PALAKKAD),'VIJAY'PUTHUPARAMBATHU, PATTANAKKAD.P.O,CHERTHALA. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN-695 001. 2. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM,PIN-695 035. 3. ACCOUNTANT GENERAL(A&E),KERALA, THIRUVANANTHAPURAM,PIN-695 039. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 21795/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.15.7.06. P2. COPY OF THE LETTER DTD.4.6.07. P3. COPY OF THE LETTER DTD.30.7.07. P4. COPY OF THE LETTER DTD.14.5.08. P4(A) COPY OF THE LIABILITY CERTIFICATE DTD.14.5.08. P5. COPY OF THE LETTER DTD.9.6.08 OF THE INSPECTOR GENERAL OF REGISTRATION. P6. COPY OF THE ORDER DTD.2.1.08 OF -DO- P7. COPY OF THE ORDER DTD.20.10.08 OF -DO- P8 COPY OF THE JUDGMENT IN W.P.(C).No.36881/08 OF THIS COURT. P9. COPY OF THE JUDGMENT IN W.P.(C).No.25362/09 OF THIS COURT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.21795 of 2010 ================== Dated this the 11th day of October, 2010 J U D G M E N T The petitioner retired as a District Registrar on 31.10.2005. The petitioner is aggrieved by non-disbursal of retirement benefits except provisional pension on the ground of alleged pendency of disciplinary proceedings and fixation of liability by Ext.P4(a) on the ground of loss of revenue on account of the failure on the part of the petitioner to adopt fair value fixed by the Government while registering certain documents. The petitioner, therefore, seeks the following reliefs: “i) call for the records leading to Exts.P4 and P4(a) and quash Ext.P4(a) to the extent by it a liability of Rs. 1,01,211/- is fixed against the petitioner on the ground of loss of revenue due to non-adoption of fair value, by the issuance of a writ of certiorari or nay other appropriate writ, order or direction. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to sanction the petitioner full pension and disburse the same with arrears along with death-cum-retirement gratuity and all other monetary benefits due to her with interest at the rate of 18% per annum from the dates on which they fell due till the date of payment within a time limit to be fixed by this Hon'ble Court.” 2. The learned Government Pleader, on instructions, submits that the Government has already exempted all Registrars from any proceedings in respect of failure to adopt fair value fixed in view of the non-communication of the fair value order in time to the Registrars. It is also submitted that no disciplinary proceedings have been initiated against the petitioner. That being so, there cannot be any difficulty in w.p.c.21795/10 2 disbursing the retirement benefits due to the petitioner. Accordingly, the balance retirement benefits due to th petitioner shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. In view of the above, the impugned orders are quashed. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge