IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WA.No. 1821 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34756/2004 Dated 05/06/2008 .................... APPELLANT(S): PETITIONER IN W.P.(C): ------------------------------------------------------------ SMT.P.THULASI, W/O.V.GOPINATHAN, 61 YEARS, SUB REGISTRAR (RETD.),KANNAMPALLIL VEEDU, THUVAYOOR SOUTH P.O, KADAMPANAD, PATHANAMTHITTA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): RESPONDENTS: ------------------------------------------------------ 1. THE STATE OF KERALA REP.BY THE SECRETARY TO THE GOVERNMENT, TAXES(E)DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE INSPECTOR GENERAL OF REGISTRATION, KERALA, VANCHIYOOR, THIRUVANANTHAPURAM-695 035. 3. THE DISTRICT REGISTRAR (GENERAL), PATHANAMTHITTA-689 645. 4. THE SUB TREASURY OFFICER, ADOOR-691 523. SR.GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R1 TO R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.1821 OF 2008 ------------------------------------- Dated 7th November, 2008 JUDGMENT Koshy,J . When certain amounts were retained from the DCRG amount payable to the appellant, she approached this court. Learned single Judge dismissed the writ petition. According to the appellant, no liability was finalised within three years of her retirement. She retired from service on 31.03.2002. Liability was proposed only on 9.2.2005. It was not finalised. Under Rule 3, Part III of KSR, liability should be finalised within three years from the date of retirement. Considering the contentions, we directed the Government Pleader to file a statement showing the date of final orders communicated. A statement was filed on 30th September, 2008 and Annexure R3(a) was produced along with the statement which shows that a liability to the tune of Rs.23291/= was communicated within the three year period. According to the appellant, even that was not communicated. But, it is an admitted case that the liability to the tune of Rs.1,64,941/= was not communicated within the time limit of three years. In the above circumstances, Rs.1,64,941/= which was retained from the DCRG should be given to the appellant within one month from today. It is submitted by the appellant that she is W.A.1821/2008 2 also entitled to interest. But, on the facts and circumstances of the case, we are of the view that this is not a fit case where interest can be awarded in a writ petition. Therefore, with a direction to disburse the admitted amount of Rs.1,64,941/= within one month from today, this appeal is disposed of. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks