IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 22725 of 2004(E) ---------------------------------------- PETITIONER: ------------------- P.MARTIN, 35/1027, "MANJUSHA", THANIKKAL, ELAMAKKARA P.O., ERNAKULAM, KOCHI - 26. BY ADV. SMT.K.S.JINI RESPONDENTS: ------------------------- 1. THE DIRECTOR OF LOCAL FUND AUDIT, VIKAS BHAVAN, VIKAS BHAVAN P.O., TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, DISTRICT OFFICE, THRISSUR. 3. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 4. CORPORATION OF THRISSUR, REPRESENTED BY THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYANAN R1TO3 ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION FOR R4 SRI.LELLULAL T.G.THUNDATHIL FOR R4 SRI.K.A.SREEJITH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22725/2004 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER BEARING NO.N.L.F.2420/Sp. CELL (S.C.4)2004 DTD. 9/02/2004 ALONG WITH THE EXTRACT OF THE ESSENTIAL PARAGRAPHS OF THE AUDIT REPORT OF THE CORPORATION FOR THE YEAR 1998-1999. EXT.P2: COPY OF THE LETTER DTD. 26/02/2004 SEND BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3: COPY OF SURCHARGE CERTIFICATE DTD. 3/06/2004 NUMBERED AS L.F.2420/SPL.CELL (SC4)2003 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.22725 of 2004-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2008. JUDGMENT The petitioner has approached this court aggrieved by Ext.P3 Surcharge Certificate issued by the Local Fund Audit Department. As per Ext.P3, the petitioner has been held responsible for the loss of Rs.15,800/- while he was working as Secretary of the Thrissur Corporation. His case appears to be that he is not liable for the loss and he has filed Ext.P2 raising various objections. 2. Learned Govt. Pleader pointed out that going by Section 295(11) of the Kerala Municipality Act, the remedy of the petitioner is to make an application to the District Court to set aside the Surcharge Certificate. Sub- section (11) of Section 295 of the Kerala Municipality Act is extracted below: “295 (1) to (10)x x x x x x x x x x x x x x (11) Any person aggrieved by any disallowance, surcharge or charge may, within fourteen days after the date of service on him of the decision of the auditor, make an application to the district court to set aside such disallowance, surcharge or charge and the court, after taking such evidence as is necessary may confirm, modify or WPC 22725/2004 -2- remit such disallowance, surcharge or charge with such orders as to costs as it may think proper in the circumstances.” Apart from that, Section 16(3) of the Local Fund Audit Act, 1994 also provides the same remedy. 3. In the above view of the matter, it is upto to the petitioner to resort to the remedy provided under Section 295(11) of the Kerala Municipality Act. Since the matter was pending before this court, it is only appropriate that the petitioner is given some time to file a proper application to the District Court. If the petitioner files an application as referred to in Section 295(11) of the Kerala Municipality Act within a period of six weeks from today, the same shall be entertained and the matter will be decided by the appropriate civil court on its merits. With the above observations, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/