IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 31165 of 2011(U) -------------------------- PETITIONER(S): --------------- GEORGE MATHEW, (RETIRED HEADMASTER,G.H.S FOR DEAF, OTTAPPALAM),MUNDATTIL HOUSE,KOKKUR P.O, CHANGARAMKULAM,MALAPPURAM DISTRICT BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM PIN 695 001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 695 014 3. THE DISTRICT COLLECTOR, MALAPPURAM 676 505 4. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD 678 001 5. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD 671 121 GOVERNMENT PLEADER, SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31165/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16.09.2011 EXT.P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 20.05.2008 EXT.P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 18.7.2008 EXT.P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 18.4.2011 EXT.P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17.9.2011 EXT.P6 TRUE COPY OF THE ORDER NO.D6/20905/06 DATED 24.6.2011 OF THE DEPUTY DIRECTOR OF EDUCATION,PALAKKAD. EXT.P7 TRUE COPY OF THE ORDER NO.F2/20465/06 DATED 16.8.2008 OF THE DEPUTY DIRECTOR OF EDUCATION,KASARAGOD EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 24.9.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE REPRESENTATION DT.15/10/2011 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT. EXT.P10 TRUE COPY OF THE REPRESENTATION DT.15/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P11 TRUE COPY OF THE LETTER NO.P/64/2011 DT.19/08/2011 OF THE SUB TREASURY OFFICER, CHANGARAMKULAM, ADDRESSED TO THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM EXT.P12 TRUE COPY OF THE LETTER NO.D/164/2011 DT.12/10/2011 OF THE SUB TREASURY OFFICER, CHANGARAMKULAM ADDRESSED TO THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31165/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of December, 2011 J U D G M E N T The petitioner is a retired Headmaster. His date of retirement is 31/05/2006. 2. A huge liability of Rs.19,17,022/- has been fixed against him as per Ext.P6 order. Ext.P7 is an earlier order by which a liability of Rs.3,10,620/- was fixed against him in respect of another school. Challenging the same, the petitioner has filed Ext.P8 representation before the Director of Public Instruction, which is said to be still pending. Faced with the revenue recovery proceedings, the petitioner has approached this Court in this writ petition. Various contentions have been raised to contend that the fixation of alleged liability is arbitrary and illegal. 3. Learned Government Pleader on getting instructions submitted that Ext.P9 has been received in the Government and a report has been called for, from the Director of Public Instruction, in the matter. W.P.(C). No.31165/2011 -:2:- 4. Ext.P8, as already mentioned, is filed challenging the liability fixed as per Ext.P7 order and, Ext.P10 is a detailed representation filed by the petitioner before the Director of Public Instruction. Since Ext.P9 representation is pending before the Government and a report has already been called for, it is only proper that the Government takes a decision in the matter after affording an effective opportunity of hearing to the petitioner in the matter. To enable the Government to do so, the Director of Public Instruction will forward the report called for along with Exts.P8 and P10 representations with specific remarks on them within a period of two months. Thereafter, the Government will take a decision after hearing the petitioner within a further period of three months. The recovery as against the petitioner will be kept in abeyance till orders are passed and communicated to the petitioner. The writ petition is disposed of as above. No costs. W.P.(C). No.31165/2011 -:3:- The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before respondents 1 and 2 for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms