IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 34756 of 2004(K) -------------------------- PETITIONER: ------------ SMT.P.THULASI, W/O.V.GOPINATHAN, AGED 57 YEARS SUB REGISTRAR (RTD), R/A. KANNAMPALLIL VEEDU, THUVAYOOR SOUTH P.O. KADAMPANAD, PATHANAMTHITTA, (REGISTRATION DEPARTMENT). BY ADV. SRI.N.UNNIKRISHNAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, TAXES (E), DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, KERALA, VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE DISTRICT REGISTRAR (GENERAL), PATHANAMTHITTA. 4. THE SUB TREASURY OFFICER, ADOOR. BY SMT.SMITHA, GOVERNMENT PLEADER FOR R1 TOR4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008 , THE COURT ON 05/06/2008 DELIVERED THE FOLLOWING: WPC NO.34756/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF GPO NO.G-30401005/DA3/117047 DATED 25/01/2004 ISSUED TO DIST. SUB TREASURY OFFICER, SUB TREASURY, ADOOR. P2 : COPY OF THE REPRESENTATION DATED 02/07/2004 SUBMITTED BY PETITIONER TO R2. P2(a) : COPY OF REPRESENTATION DATED 11/08/2004 SUBMITTED BY PETIITONER TO R2. P3 : COPY OF LETTER DATED 13/10/2004 ISSUED BY R2 TO PETITIONER. P4 : COPY OF the LETTER NO.E2-432/02 DATED 09/02/2005 AND LIABILITY CERTIFICATE SENT BY R3 TO PETITIONER. P5 : COPY OF EXPLANATION DATED 17/02/2005 SUBMITTED BY PETITIONER. P6 : COPY OF THE JUDGMENT DATED 10/07/1980 IN OP NO.1688/77. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 34756 of 2004 --------------------------------- Dated, this the 5th day of June, 2008 J U D G M E N T The writ petition is filed for a direction to the respondents to release DCRG to the petitioner withheld by them. Learned Government Pleader on instructions submitted that there is a proposal to recover damages caused to the Government by the petitioner during her service. Petitioner retired on 31/03/2002 and notice proposing to fix liability was issued on 09/02/05. Learned counsel for the petitioner contended that order is not served on the petitioner within three years and therefore, the claim of the Government is barred by limitation under Rule 3 Part III KS&SSR. However, it is seen that proposal to fix liability was issued well within three years and petitioner has filed the writ petition way back on 30/11/2004. Respondents cannot be blamed for non-finalisation of liability during pendency of the writ proceedings. Since proposal is already issued within three years and since the writ petition was pending, respondents are free to finalise the same after disposal of this case. Since petitioner has already filed a reply on 17/02/2005, this writ petition is disposed of directing 2nd respondent to finalise WP(C) No.34756/2004 -2- the same after hearing the petitioner within a period of two months from the date of production of a copy of this judgment by the petitioner. Petitioner is free to raise all the objections including limitation before the adjudicating authority. (C.N.RAMACHANDRAN NAIR, JUDGE) jg