IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 26TH NOVEMBER 2007 / 5TH AGRAHAYANA 1929 WP(C).No. 10244 of 2004(T) --------------------------------- PETITIONER: ---------------- MOHAMMED NADIR, (PANCHAYATH SECRETARY) AGED 50 YEARS, S/O. M.MOHAMMED KUNJU, NAUSHAD MANZIL, CIVIL STATION WARD, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------------ 1. THE DIRECTOR, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR, LOCAL FUND AUDIT, DISTRICT OFFICE, ALAPPUZHA. 3. MANNAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.MOHAMMED PUZHAKKARA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10244/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 28.6.03 ISSUED BY THE IST RESPONDENT. EXT.P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3:- COPY OF THE SURCHARGE CERTIFICATE ISSUED UNDER SUB RULE (7) OF RULE 20 OF THE 2004 WHICH WAS RECEIVED BY THE PETITIONER ON 21.2.04. EXT.P4:- COPY OF THE LOCAL AUDIT REPORT OF THE ACCOUNTS AND REGISTERS OF THE GRAMA PANCHAYAT, MANNAR (ALAPPUZHA DISTRICT) FOR THE YEARS 1997-98 TO 99-2000. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH J. ---------------------------------------------- Writ Petition (Civil) No.10244 of 2004 ---------------------------------------------- Dated 26th November, 2007. J U D G M E N T Petitioner is aggrieved by Ext.P3 surcharge certificate. It is submitted that the said order is passed without taking into consideration, Exts.P2 and P4 objections, and the same is a non- speaking order also. It is further submitted that the petitioner was not given any notice. It is seen from Ext.P3 that it is a standard form order and there was no advertence to the contentions taken by the petitioner in Exts.P2 and P4. Being a surcharge certificate, the petitioner should have been given an opportunity to defend his case. I quash Ext.P3. There will be a direction to the first respondent to consider the matter afresh with notice to the petitioner and pass a speaking order, within four months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs