THE HON’BLE SMT. JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN. WRIT APPEAL NO. 6 8 3 OF 2001 * * * JUDGMENT : ( Per the Hon’ble Smt. Justice T. Meena Kumari ) The writ appeal is ﬁled against the orders dated 02-2-2001 passed by the learned single Judge of this Court in WP.No.2495 of 1993, wherein the appellant ﬁled the said writ petition seeking the relief of Certiorari to quash G.O.Rt.No.1138, Panchayat Raj and Rural Development (PTS-I) Department, dated 30-9- 1992, the appellant was surcharged for the amount of Rs.17,338-00 through Notice No.l273, dated 14-11-1990, being the balance amount after deducting the amounts adjusted by him to panchayat accounts on the works, as shown in the surcharge certificate. 2. The learned single Judge having not satisﬁed with the contentions raised by the counsel for the petitioner in the writ petition that the amounts have been accounted by the petitioner and elaborate written arguments were ﬁled along with supported material papers showing refund of an amount of Rs.15,000-00 and the balance cash amount in the books of accounts. The appellate authority had not taken into consideration the material ﬁled by the petitioner and passed the order fastening the liability of the petitioner for an amount of Rs.17,338-00. 3. But however, against the orders passed by the learned single Judge, this writ appeal is ﬁled. In the present writ appeal also, the same contentions had been raised by the learned counsel appearing for the appellant which were raised in the writ petition by way of ﬁling written arguments and also supported material papers showing refund of an amount of Rs.15,000-00 and the balance cash amount in the books of account showing adjustments and the appellate authority have not taken into consideration of the same. 4. We have also gone through the material papers ﬁled before us along with writ appeal and it is a fact that challans have been ﬁled to the tune of Rs.15,000- 00 and the balance cash amount in the books of account showing adjustments. On perusal of the appellate authority’s order it appears that the same has not been taken into consideration. We are of the considered opinion that it is a case where the matter can be remanded back to the ﬁrst respondent for passing appropriate orders afresh on merits and in accordance with law, after taking into consideration the material ﬁled by the appellant herein, within a period of three months from the date of receipt of a copy of this order. 5. With the above observation, we deem it appropriate to set aside the order under appeal and the writ appeal is allowed to the extent indicated above. No costs. ________________________ JUSTICE T. MEENA KUMARI. _____________________________ JUSTICE RAMESH RANGANATHAN. 02-9-2008. I s L