IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 26713 of 2006(E) -------------------------------------- PETITIONER: ------------------ N.NARAYANAN, NALINALAYAM, POST AVALA, RETD. TEACHER. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, CALICUT. 3. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) VADAKARA, MINI CIVIL STATION, P.O.VADAKARA, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26713/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTICE DT. 5.8.06 BY THE 3RD RESPONDENT. P2:- COPY OF THE REPLY DT. 6.10.2006 BY THE PETITIONER. P3:- COPY OF THE REPRESENTATION DT. 24.7.2006 BEFORE THE HONOURABLE MINISTER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.26713 of 2006 ----------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Petitioner is aggrieved by the recovery proceedings initiated against him. It is seen from the counter affidavit that it is only because the petitioner did not respond to the requests and letters sent at the time of auditing the accounts pertaining to the conduct of Sasthra Pravarthy Parichaya Mela where the petitioner was the Convenor of the Accommodation Committee. It is the contention of the petitioner that no opportunity was given to the petitioner to submit his contentions before the second respondent. Be that as it may, since the petitioner prays for an opportunity before the second respondent for apprising him that the entire accounts had already been submitted by the General Convenor himself, who is the second respondent at that time, it is only appropriate that an opportunity is given to the petitioner also. The petitioner shall present himself before the second respondent on 21-10-2008 on which date the petitioner shall be W.P(C) No.26713 of 2006 -:2:- heard by the second respondent, he shall be permitted to verify the records and the second respondent will also consider the submissions of the petitioner and pass fresh orders with regard to the recovery. Needless to say that there shall be no recovery till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.26713 of 2006 ----------------------------------- JUDGMENT 29th September, 2008