IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 32437 of 2008(J) -------------------------- PETITIONER(S): --------------- K.BHASKARAN, 69 YEARS S/O.KUNJU, KARAKAD, MALAMPUZHA, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, PALAKKAD 2. TAHSILDAR, PALAKKAD. 3. SECRETARY, MALAMPUZHA GRAMA PANCHAYAT MALAMPUZHA. 4. ASSISTANT ENGINEER, L.S.G.D.MALAMPUZHA GRAMA PANCHAYAT, PALAKKAD. 5. MANAGING DIRECTOR, TRICHUR WHOLESALE CO.OP.CONSUMERS SORES LTD., NO.R238, RICE BAZAR, TRICHUR. * ADDL.R6 RAJAN, ARUN NIVAS, ANAKKAL PO, MALAMPUZHA (IMPLEADED AS ADDL.R6 AS PER ORDER IN IA.14478/08 DT 14.11.08) ADV. SRI.S.ANANTHAKRISHNAN FOR R3 SRI.P.RAMAKRISHNAN FOR R5 SRI.K.ANAND FOR R6 SRI.N.K.SUBRAMANIAN FOR R4 GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R1, 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, ALONG WITH WPC.32438, 32452 AND 32626/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.32437/08 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF DEMAND NOTICE DT 27.6.08. P2 COPY OF LETTER DT 20.10.08. P3 COPY OF ORDER OF OMBUDSMAN DT 11.4.08. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) Nos.32437, 32438, 32452 and 32626 OF 2008 ```````````````````````````````````````````````````` Dated this the 22nd day of January, 2009 J U D G M E N T In these writ petitions, petitioners are faced with recovery under the Revenue Recovery Act. The petitioners were Conveners of Beneficiary Committee of Karakkad Mini Drinking Water Scheme. Apparently, the petitioners challenge Ext.P3 order passed by the Ombudsman. Ext.P1 is a demand notice issued under section 7 of the Revenue Recovery Act. A direction is sought to drop all proceedings pursuant to Ext.P1 and to declare that the petitioners are not liable to make any payment towards the 3rd respondent Panchayat. The Panchayat has filed counter affidavit. Apparently, the party respondent Sri.Rajan filed a complaint praying that action may be taken to realise the amount due from the Conveners of various schemes for the loss caused by them. The principal complaint of the petitioners is that the order of the Ombudsman has been vitiated without affording an opportunity of hearing to the petitioners. The petitioners are not made parties. It is found that the 3rd respondent Secretary was WPC.32437/08 & connected cases : 2 : directed to proceed with recovery steps to realise the amount. This is based on the audit report. It is common that neither the petitioners were made parties or they have been afforded an opportunity of hearing before the impugned orders Ext.P3 were passed. 2. In such circumstances, I feel that Ext.P3 is liable to be interfered with. Accordingly, I quash Ext.P3 series in all these cases and consequently the recovery notices. The matter is to be reconsidered with an opportunity of being heard to the petitioners by the Ombudsman. In order to facilitate the early disposal of the matter, the petitioners, Panchayats and complainants shall appear before the Ombudsman on 9.2.2009 at 10.30 am. Communicate this order to the Ombudsman and the Ombudsman will proceed to consider the matter and take a decision in accordance with law. Writ petitions are disposed of as above. (K.M.JOSEPH, JUDGE) aks