IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 13970 of 2008(K) --------------------------------------- PETITIONER: ------------------- K.R.THANKAPPAN, (B.D.O.,ELANTHOOR,PATHNAMTHITTA). S/O.RAGHAVAN, "ROHINI" MALAMELKARA,ADOOR, PATHANAMTHITTA. BY ADV. MR.JACOB P.ALEX. RESPONDENTS: ------------------------ 1. COMMISSIONER FOR RULRAL DEVELOPMENT, COMMISSIONERATE OF RURAL DEVELOPMENT, LMS COMPOUND, THIRUVANANTHAPURAM. 2. STATE ELECTION COMMISSION KERALA, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX,LMS JN., THIRUVANANHAPURAM. 3. SECRETARY, STATE ELECTION COMMISSION, EKERALA COPORATION OFFICE COMPLEX,LMS JUNCTION, THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR,KOZHIKODE. 5. DEPUTY COLLECTOR (ELECTIONS), KOZHIKODE. 6. BLOCK DEVELOPMENT OFFICER, KUNNUMMEL BLOCK PANCHAYAT,KUNNUMMEL,KOZHIKODE. W.P.(C). NO.13970/2008-K: 7. MOTOR WORKERS UNION, NADAPURAM AREA COMMTITTEE, NADAPURAM,KOZHIKODE. 8. M.RADHAKRISHNAN, MUKKAT HOUSE, VELLIKULANGARA, VORKKKATTARI P.O., VADAKARA. R1, R4 TO R6 BY GOVT. PLEADER SMT. K.R. DEEPA, R2 & R3 MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN., R8 BY ADVS. MR. C.VALSALAN, MR.K.RAKESH ROSHAN, SMT.THUSHARA.V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13970/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BILL SUBMITTED BY PETITIONER NO. CB.52/05-06. EXT.P.2: COPY OF THE LETTER ISSUED BY PETITIONER TO R.5. DTD. NIL. EXT.P.3: COPY OF THE REPLY LETTER DTD. 30/06/2006. EXT.P.4: COPY OF THE LETTER DTD. 10/08/2006. EXT.P.5: COPY OF THE LETTER DTD.29/11/2006. EXT.P.6: COPY OF THE LETTER DTD. 03/12/2006. EXT.P.7: COPY OF THE ORDER ISSUED BY R.3. ON 08/02/2007. EXT.P.8: COPY OF THE JUDGMENT DTD. 27/02/2007 IN W.P.(C).NO.6342/2007. EXT.P.9: COPY OF THE NOTE SUBMITTED BY THE PETITIONER BEFORE THE STATE ELECTION COMMISSIONER ON 08/03/2007. EXT.P.10: COPY OF THE NOTE SUBMITTED BY THE PETITIONER BEFORE THE STATE ELECTION COMMISSIONER ON 05/07/2007. EXT.P.11: COPY OF THE ORDER BEARING NO. 443/2007/SEC DTD. 12/07/2007 BY STATE ELECTION COMMISSIONER. EXT.P.12: COPY OF THE NOTICE BEARING NO. ESTT. A2-5529/08/CRD DTD. 18/03/2008 ISSUED BY R.1. EXT.P.13: COPY OF THE OBJECTION DTD. 10/04/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13970 OF 2008 ------------------------------------------- Dated this the 16th day of July, 2009 JUDGMENT The petitioner was the Returning Officer for a Block Panchayat Election. There were complaints about overdrawal of amounts from the Government fund for the conduct of election. The petitioner filed an appeal to the State Election Commission, the competent authority to decide on such controversy. The Commission issued Ext.P11 regarding each and every item of controversy. Following that, even in terms of Ext.P11, it is for the District Collector to settle the accounts and order reimbursement or do what is needful following the result of the settlement of accounts. Instead, the Commissioner for Rural Development wanted the petitioner to deposit an amount of Rs.99,975/-. He, therefore, came to this Court. Following different interim orders, the petitioner has deposited certain amounts. This Court need not go into the correctness or otherwise of such deposits vis.a.vis. the total amount that may be due on settlement of accounts following Ext.P11. Therefore, as WPC.13970/08 Page numbers of now, all that remains is for the District Collector to issue orders settling the accounts. If the accounts were already settled by the District Collector, the deposits made by the petitioner would also be taken into account and revised orders issued accordingly. Let the District Collector hear the petitioner and take note of the remittances made by him and decide on the question of settlement of accounts in terms of the directions of the Election Commission, as are contained and enumerated in Ext.P11 order. This shall be done within a period of four weeks from the date of receipt of a copy of this judgment. The petitioner is directed to appear before the District Collector, Kozhikode on 28.7.2009 so that appropriate date for hearing can be fixed expeditiously. If the 8th respondent is required to be heard, the District Collector will hear him also. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/7.