IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 5171 of 2006(N) ------------------------------------- PETITIONER: ------------------- M.J.PHILIP, AGD 58, S/O.M.S.JOSEPH, RTD. PRINCIPAL, LEO XIIITH H.S.S. ALAPPUZHA, RESIDINGA T MOOSARIPARAMBIL, THATHAMPALLY P.O. THATHAMPALLY, ALAPPUZHA. BY ADVS. SRI.VARGHESE C.KURIAKOSE, SRI.PRAVEEN K. JOY, SMT.THANKOM.G. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I. VAZHUTHACAUD, THIRUVANANTHAPURAM. 4. THE TEXT BOOK OFFICER, OFFICE OF THE TEXT BOOK OFFICER, PADMAVILASAM ROAD, FORT, THIRUVANANTHAPURAM. 5. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 6. THE PRINCIPAL, LEO XIIITH, HIGH SECONDARY SCHOOL,ALAPPUZHA. R1 TO R5 BY GOVERNMENT PLEADER SRI. NOBLE MATHEW, R6 BY ADV. SRI.JOMY GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.5171/2006-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE GRATUITY PAYMENT ORDER DTD. 25/10/2004 ISSUED FROM THE OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA. EXT.P.2: COPY OF THE ORDER DTD. 16/06/2004 ISSUED BY THE R.4. EXT.P.3: COPY OF THE LETTER DTD. 06/07/2004. EXT.P.4: COPY OF THE AUDIT REPORT ON 26/11/2004. EXT.P.5: COPY OF THE LETTER DTD. 11/11/2005 ISSUED BY R.4 TO THE 5TH AND 6TH RESPONDENTS. EXT.P.6: COPY OF THE NOTICE DTD. 24/10/2005 ISSUED BY THE R.5. EXT.P.7: COPY OF THE LETTER DTD. 13/01/2006. EXT.P.8: COPY OF THE COMMUNICATION DTD. 13/01/2006 ISSUED BY THE R.5. TO THE R.6. EXT.P.9: COPY OF THE LETTER ISSUED BY THE R.4. TO THE R.6 DTD. 30/01/2006. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.5171 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2011 J U D G M E N T The petitioner is a retired Headmaster of an aided school. The petitioner filed this writ petition challenging the conditional Non-Liability Certificate issued to the petitioner directing the petitioner to furnish a bond in respect of certain contingent liabilities with regard to accounting of paper supplied by the Government for manufacture of note books, pending consideration of the petitioner's request for writing off the said liability by the appropriate authority. The petitioner seeks the following reliefs: “(i) issue a writ, order or direction in the nature of certiorari or other appropriate writ, calling for the records relating to Ext.P7 and P8 and quash the same, in so far as it contains the rider of taking on indemnity bond from the petitioner for issuing non liability certificate. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents 1 to 5 or the concerned among them to forthwith forward the NLC necessary for enabling the petitioner to draw the DCRG amounts forthwith.” The counsel for the petitioner submits that, NLC has W.P.(C)No.5171 of 2006 -2- already been issued. But the present status of the payment of DCRG could not ascertained from the party as the counsel could not contact the petitioner. Insofar as the NLC has been issued and the only prayer of the petitioner is to forward NLC for enabling the petitioner to draw the DCRG amounts forthwith, I close the writ petition without prejudice to the right of the petitioner to seek appropriate reliefs regarding disbursal of DCRG, if necessary. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/