IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 17340 of 2004(L) -------------------------------------- PETITIONER: ------------------- K. MURALEEDHARAN, (JUNIOR SUPERINTENDENT (RETIRED) PERFORMANCE AUDIT, ATTACHED TO ASSISTANT DIRECTOR OF PANCHAYATS) KIZHAKKEKALATHIL HOUSE, HIGH SCHOOL ROAD, THATHAMANGALAM POST, PALAKKAD. BY ADVS. SRI.M.V.BOSE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARATMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF PANCHAYATS, CIVIL STATION, PALAKKAD. R1 TO R4 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.17340 OF 2004 --------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioner has filed this writ petition seeking the following reliefs: “(i) to call for the entire records leading upto Ext.P2 and (ii) to issue a writ of mandamus compelling the respondents to disburse the Rs.39,953/- deducted from his DCRG to the petitioner immediately with interest accrued thereon. (iii) to direct the respondents to treat the period spent under suspension from 19.12.1992 to 7.6.1995 as duty, and to revise the pension accordingly.” In paragraph 6 of the counter affidavit it is stated thus: “It is submitted that the departmental proceedings initiated against the petitioner were finalized by Order No.C4/40757/94 dated 17.8.04 of the Director of Panchayats. The loss of Rs.39953/- sustained to the panchayat due to him was also ordered to recover from his Death Cum Retirement Gratuity.” The petitioner has not chosen to challenge that order. In the above circumstances, this writ petition is closed without prejudice to the right of the petitioner to challenge that order, if at this distance of time the petitioner can validly challenge the same. S. SIRI JAGAN, JUDGE acd W.P.(C)No.3447/05 2 W.P.(C)No.3447/05 3