IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36673 of 2008(N) -------------------------- PETITIONER(S): --------------- S.B. JAYASREE, (RETIRED DISTRICT REGISTRAR (AUDIT),THIRUVANANTHAPURAM),"SULOV'S" PALACE ROAD, NEAR GIRLS' H.S.S. ATTINGAL, PIN.695101. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.R.VARUN RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. INSPECTOR GENERAL OF REGISRATION, THIRUVANANTHAPURAM,PIN:695035. 3. DISTRICT REGISTRAR (GENERAL), THIRUVANANTHAPURAM PIN:695039 BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 36673 of 2008 ====================================== Dated this the 12th day of December 2008 JUDGMENT Heard Sri.S.P.Aaravindakshan Pillay, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. She retired from service on 31.3.2006 on attaining the age of superannuation. After her retirement, the Inspector General of Registration issued a liability certificate fixing the sum of Rs.69,238/= as her liability. Aggrieved by the said decision, the petitioner has filed Ext.P3 appeal before the first respondent. In this Writ Petition, the petitioner inter alia prays for a direction to the first respondent to consider Ext.P3 appeal and pass orders thereon, after affording her an opportunity of being heard. 3. Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner submits that Ext.P3 appeal has been filed invoking Rule 24 of the Kerala Civil Services (Classification, Control and Appeals) Rules, 1960. The learned counsel submits that the decision taken by the Inspector General of Registration to fix the sum of Rs.69,238/- as the petitioner’s liability is an order which varies to the petitioner’s disadvantage, the terminal benefits which she is otherwise entitled to and therefore an appeal lies from the order passed by the Inspector W.P.(C)No.36673/2008 2 General of Registration to the Government. 4. Ext.P3 discloses that the petitioner has challenged the fixation of liability made by the Inspector General of Registration. Irrespective of the question whether an appeal lies from the order passed by the Inspector General of Registration, the Government have the reserve power to decide whether such fixation is sustainable or not. As the petitioner has invoked the reserve power of the Government by submitting Ext.P3 representation, it is for the Government to decide whether the decision of the Inspector General of Registration is sustainable or not. In these circumstances, I dispose of the Writ Petition with a direction to the Secretary to Government, Taxes Department to consider Ext.P3 representation and take a decision thereon after affording the petitioner a reasonable opportunity of being heard. Final orders on Ext.P3 shall be passed within a period of three months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/