IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5825 of 2011(C) -------------------------------- PETITIONER(S): ------------------- G. CHANDRABHANU, RTD. SUB REGISTRAR, RESIDING AT AMBATTU, PADANAYARKULANGARA, KARUNAGAPPALLY.P.O, PIN - 695 5018. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER SMT.INDU SUSAN JACOB SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, TAXES (E) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. SECRETARY,DEPARTMENT OF REGISTRATION GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. 3. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM - 695 001. 4. DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, KOLLAM -691 001. 5. TREASURY OFFICER,SUB TREASURY OFFICE, ADOOR - 691 523. BY GOVT.PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5825 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 J U D G M E N T The petitioner is a retired Junior Superintendent of the Registration Department who retired on 31.07.2002. He is aggrieved by Exts.P1 & P4 show cause notices whereby Rule 3 (a) of Part III of Kerala Service Rules is proposed to be invoked for withholding part of the monthly pension of the petitioner. According to the petitioner, the said action is against the time limit prescribed in Rule 3 (a) itself. I am of opinion that, insofar as Exts.P1 & P4 are only show cause notices petitioner should first bring his contentions to the notice of the 1st respondent in answer to Exts.P1 & P4 before he can challenge the proceedings themselves. Of course, the petitioner has already filed Ext.P2 reply to Ext.P1. Accordingly this writ petition is disposed of with the following directions: The petitioner shall file reply to Ext.P4 show cause W.P.(C)No. 5825 of 2011 -2- notice also within two weeks. The 1st respondent shall consider the contentions of the petitioner in Ext.P2 and the reply to be filed against Ext.P4 and pass a considered order considering the contentions of the petitioner in this writ petition also, expeditiously. If already orders are passed, the 1st respondent shall consider the matter again and pass fresh orders as directed above. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/