IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5904 of 2008(C) ------------------------- PETITIONER: ------------ P.N.CHANDRASEKHARAN, AGED 58 YEARS, S/O.LATE E.NARAYANAN, PROPRIETOR, DEWAN POWER ELECTRICALS, SAYRYAS, MELAKKAM, MANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 3. THE DEPUTY COLLECTOR (ELECTIONS), MALAPPURAM. 4. THE TAHSILDAR, TALUK OFFICE, THIRURANGADI, MALAPPURAM. 5. THE LOK AYUKTA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 5904 of 2008 ------------------------------------- Dated: February 20, 2008 JUDGMENT The challenge in this writ petition is against Ext.P11 to the extent interest is denied to the petitioner. The finding of the 5th respondent is that the delay in payment has occurred due to the fault of the 3rd respondent, the Deputy Collector (Elections), Malappuram. Though this finding has been entered, the Lok Ayukta declined interest for the reason that the officer concerned was not personally impleaded in the proceedings. 2. When interest is to be granted following the default of an officer, the officer can be saddled with the liability only if he is impleaded in his personal capacity. This has not been done in this case and therefore the denial of interest in Ext.P11 cannot be said to be perverse, warranting interference under Art.226 of the Constitution of India. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE mt/-