IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 417 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.34481/2002 .................... APPELLANT: PETITIONER ------------------------ P.K.KRISHNASWAMY, RESIDING AT 'KRISHNASREE' UMA NAGAR, KODUNTHIRAPULLY P.O. PALAKKAD 678 004. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT SECRTARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD. 3. THE HEADMASTER, SARVAJANA HIGH SCHOOL PALAKKAD. 4. P.CHANDRASEKHARAN,S/O. M.KUNHUNNI NAIR RESIDING AT SHEEJA NIVAS, WEST THARA, PUTHUCODE, PALAKKAD 678 687. GP MR.NOBLE MATHEW THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, ALONG WITH WA 328/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA Nos.328 & 417 of 2008 ------------------------------------------------------------------ Dated 20th November 2009 Judgment Balakrishnan Nair, J. The Manager of Sarvajana High School, Puthucode, Mr.P.K.Krishnnaswamy, is the appellant in these two appeals. OP No.23143/02 filed by Mr.P.Chandasekharan, a Full-time Menial of the appellant's school and OP No.34481/02, filed by the appellant himself, were heard and disposed of by this Court by a common Judgment dated 14.09.2007. The OP filed by Mr.P.Chandrasekharan was allowed with costs and the OP filed by the appellant was dismissed with costs. These Writ Appeals are filed, mainly challenging the award of costs. 2. The relevant portion of the Judgment, dealing with payment of costs reads as follows : “In both the Original Petitions, Shri.P.K.Krishnaswamy, the petitioner in O.P.No.34481/2002, shall personally pay costs both to Sri.P.Chandrasekharan and the State. The costs payable to Sri.Chandrasekharan is quantified at Rs.10,000/- and that payable to the State is quantified at Rs.5,000/-. The same shall also be recovered from Sri.P.K.Krishnaswamy along with other amounts due and costs payable to Sri.P.Chandrasekharan shall be paid to him.” WA Nos.328 & 417 of 2008 2 3. We heard the learned counsel for the appellant and also the learned Government Pleader, appearing for the official respondents. Going by the common Judgment, we find no merit in the contentions of the appellant. But, the learned counsel for the appellant submits that as evident from Annexure-E produced along with IA No.167/08 in WA No.328/08, the amounts due from the appellant, have already been recovered. 4. The above said annexure would show that the Government have declined to pay maintenance grant for the years 1996-97 to 2002-03 by reason of the amounts recoverable from the appellant. It is ordered that if any amount payable to the appellant by way of maintenance grant is adjusted or withheld by the State Government, the Government shall give credit for that amount, while computing the amount recoverable from him. The Writ Appeals are dismissed, subject to the above observation. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WA Nos.328 & 417 of 2008 3 WA Nos.328 & 417 of 2008 4