IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 5931 of 2008(F) ------------------------- PETITIONER: ------------ K.J. MATHAI, S/O.K.V.JOSEPH, AGED 57 RESIDING AT KALAPPURAKKAL, PAYYAVOOR P.O. KANNUR. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROAD AND BUILDING) KANNUR DIVISION, KANNUR. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5931 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT Petitioner submits that as per Exts.P1 to P8 penalty was imposed on him. It is submitted that objecting to the penalty, petitioner has filed Ext.P9 and that the same is pending before the 2nd respondent. In the meantime by Ext.P10 he was required to attend the office of the 3rd respondent to receive payment of the admitted amount. According to the petitioner when he attended the office of the 3rd respondent, he was informed that unless he withdraws his objection raised in Ext.P9, even the admitted amount will not be paid. It is in this background that the writ petition has been filed. 2. If the petitioner is really aggrieved by the penalty that is imposed, he is entitled to contest the same before the appropriate forum. But that is no reason to withhold the amount that is WP(C) 5931/08 Page numbers admittedly due to him. In view of this, if as stated by the petitioner, the 3rd respondent has insisted on the withdrawal of Ext.P9, that is totally unjustified. In view of what is stated above, I dispose of this writ petition directing that it will be open to the petitioner to pursue the objections that he has raised by Ext.P9 against the penalty that has been imposed on him by Exts.P1 to P8. It is also directed that in the meanwhile the amount that is admittedly due to him as is informed by Ext.P10 shall be released to the petitioner if the petitioner reports in the office of the 3rd respondent. ANTONY DOMINIC, JUDGE mt/-