IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 8319 of 2001(M) ---------------------- PETITIONERS: ---------------- 1. ALICE PHILIP, W/O. LATE K. ZACHARIA, 32/1987, NETHAJI ROAD, EDAPPALLY. 2. ANCY ZACHARIA, D/O. LATE ZACHARIA, OF DO. BY ADV. SRI.M.C.SEN (SR.) SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN RESPONDENTS: ------------------ 1. STATE OF KEARLA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. CHIEF FOREST CONSERVATOR (SPECIAL FORESTRY) THIRUVANANTHAPURAM. 3. ASSISTANT FOREST CONSERVATOR (SPECIAL FORESTRY) THRISSUR. 4. DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 8319 of 2001 ORDER ON C.M.P.NO.13369 OF 2001 IN O.P.NO.8319 OF 2001 DISMISSED. 15.9.2008 SD/ S. SIRI JAGAN, JUDGE. EXT.P1: COPY OF DEMAND NOTICE DT.29.8.89. EXT.P2: COPY OF JUDGMENT IN O.P.NO.5108/90 DT. 14.1.1998 OF THIS HON'BLE COURT. EXT.P3: COPY OF DEMAND NOTICE DT. 2.1.1999. EXT.P4: COPY OF REPLY NOTICE OF THE PETITIONERS TO THE DISTRICT COLLECTOR, TRICHUR DT. 1.2.99. (R4) EXT.P5: COPY OF LETTER DT. 23.2.99 TO THE 2ND PETITIONER BY THE DISTRICT COLLECTOR, TRICHUR (R4). EXT.P6: COPY OF REPRESENTATION TO THE 2ND RESPONDENT DT. 9.4.90 BY THE LATE K. ZACHARIAH. EXT.P7: COPY OF REPRESENTATION DT. 29.3.99 TO THE 4TH RESPONDENT BY THE PETITIONERS. EXT.P8: COPY OF PROCEEDINGS OF THE 4TH RESPONDENT NO.SSI-40912/98 DT. 1.3.2001. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 8319 OF 2001 ---------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT The petitioners are legal heirs of late Sri. K. Zachariah, who was proceeded against under the Kerala Public Accountants Act for recovery of amounts due from him in respect of his official action as Range Officer of the Department of Forest of Government of Kerala. They are challenging the orders passed by the District Collector under the Act in proceedings continued against them after the death of K. Zachariah. While the said Sri. K. Zachariah was still alive, orders were passed and revenue recovery proceedings were initiated which was challenged by the said K. Zachariah in O.P.No.5108/1990. While that case was pending, the said Sri. K. Zachariah died and the legal heirs of Sri. K. Zachariah impleaded themselves as petitioners. Subsequently, this Court directed the authority under the Public Accountants Act to pass fresh orders after hearing the legal heirs. Pursuant thereto, Ext.P8 order has been passed confirming the demand of O.P.No.8319/2001 2 Rs.3,40,807/- allegedly due from late Sri. K. Zachariah. That order is under challenge before me. 2. The main contention of the petitioners is that they had specifically requested for perusal of the files relating to the demand, which was not made available to them. According to the petitioners, by Ext.P7 this fact was specifically made known to the 4th respondent, who passed Ext.P8 order without making available the relevant files to the petitioners for perusal. They would therefore submit that there was no reliable material available in the files to make the said K. Zachariah liable for any amount under the Act. They would also submit that the amount of Rs.3,40,807/- now confirmed is clearly against Ext.P1 order in which the total amount mentioned was only Rs.1,72,548.06/- and Rs.7,477/-. The petitioners therefore, seek quashing of Ext.P8 order. 3. I have heard the learned Government Pleader also. Under the Public Accountants Act, the District Collector is expected to pass orders on being satisfied himself that the amounts are due from a person liable under the Act. From Ext.P8 order, I do not find any independent consideration by the District Collector in respect of the issue involved. All what Ext.P8 says is that the Assistant Forest Conservator has O.P.No.8319/2001 3 informed the District Collector that there is no merit in any of the contentions of the legal heirs of the late Sri. K. Zachariah. There is also no specific consideration of the contentions in Ext.P7 to the effect that there are no files shown to the petitioners which would prove the liability of late Sri. K. Zachariah. In any event there was a duty on the District Collector to mention the materials on the basis of which liability was found which is conspicuously absent in Ext.P8.That being so, Ext.P8 is clearly unsustainable in so far as the District Collector has not independently considered the issues involved in the light of Ext.P7 objection raised by the petitioners. 4. Accordingly, Ext.P8 is quashed. The District Collector is directed to reconsider the matter with reference to the relevant files, which would prove the liability of Sri. K. Zachariah, which shall be made available to the petitioners for perusal before orders are passed. The District Collector shall pass a reasoned order detailing the materials relied upon, instead of merely relying on report of the Assistant Forest Conservator. He shall specifically refer to the relevant documents in the file, which would prove the liability of Sri. K. Zachariah in respect of the amount in question. Such orders O.P.No.8319/2001 4 shall be passed as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd