IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 4286 of 2007(I) ------------------------- PETITIONER(S): --------------- AMBIKA DEVI.B., AGED 59 YEARS, W/O.MR.G.MOHAN, AMALGAMATED SUB REGISTRAR (RETD), SUB REGISTRY OFFICE, TRIVANDRUM, RESIDING AT D-14, ALTHARA NAGAR, SASTHAMANGALAM P.O., TRIVANDRUM. BY ADV. SRI.P.M.MOHAMMED SHIRAZ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE INSPECTOR GENERAL OF REGISTRATION, TRIVANDRUM. MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4286/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PPO NO.REVN/46/OK/06-07 DATED 13/07/2006. P2 : COPY OF LETTER NO.E3/08/04 DATED 09/01/2007. P3 : COPY OF ORDER NO.R.R.2-25305/06/THIRUVANANTHAPURAM DATED 20/02/2007 OF R2. P4 : COPY OF LETTER NO.E3-18/04 DATED 03/04/2007 OF DISTRICT REGISTRAR, THIRUVANANTHAPURAM. P5 : COPY OF LIABILITY CERTIFICATE ENCLOSED WITH EXT.P4 DATED NIL OF DISTRICT REGISTRAR. P6 : COPY OF COVERING LETTER NO.E3/18/04 DATED 01/01/2008 OF DISTRICT REGISTRAR. P7 : COPY OF LIABILITY CERTIFICATE NO.E3/18/04 ISSUED BY DISTRICT REGISTRAR AND ANNEXURE THERETO. RESPONDENT'S EXHIBITS R1(a) : COPIES OF COMMUNICATION DATED 15/12/2005 REGARDING REMARKS IN INSPECTION REPORTS. R1(b) : COPY OF PROVISIONAL LIABILITY CERTIFICATE DATED 09/01/2007. ANNEXURE R2(a) : COPY OF LIABILITY CERTIFICATE DATED 03/04/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.4286 of 2007 -------------------------- Dated, this the 23rd day of November, 2009 J U D G M E N T The petitioner retired from service as a Sub Registrar on 31/01/2004. 2. In this writ petition, her grievance is about Ext.P7 liability certificate dated 26/12/2007, by which an amount of Rs.40,422/- has been fixed as the liability of the petitioner. It is contended that the fixation of liability as per Ext.P7 is beyond 3 years as contemplated in Note 2 to Rule 3, Part-III KSR, and on that ground Ext.P7 is illegal. The learned counsel has placed reliance on the judgment in State of Kerala and Others v. Balan K. (ILR 2004(1) Kerala 152) in this regard. 3. The learned Government Pleader, on the other hand, submits that soon after her retirement, provisional liability of the petitioner was fixed as per Ext.P2 dated 09/01/2007 at Rs.1,16,288/-. It is stated that such fixation was within three years. It is stated that subsequently, the liability has been finally fixed by WP(C) No.4286/2007 -2- Ext.P7 dated 26/12/2007. It is stated that though Ext.P7 is beyond three years, since the provisional liability has been fixed by Ext.P2 within three years, the action of the respondents is within the time limit prescribed in the Rules. 4. Note 2 to Rule 3, Part-III KSR required the respondents to fix the liability of the petitioner within an outer time limit of three years from the date of retirement. The Rule does not contemplate a provisional fixation within three years and final fixation of liability thereafter. There is only one fixation and that should be within 3 years. Such fixation in this case was only by Ext.P7, which was on 26/12/2007. The petitioner having retired from service on 31/01/2004, the fixation of liability by Ext.P7 is far beyond the three years as contemplated in the Rules. If so, the only conclusion that is possible is that the fixation of liability by Ext.P7 is beyond 3 years and hence cannot be sustained. This is precisely what has been held in the judgment relied on by the learned counsel for the petitioner. Therefore, Ext.P7 will stand set aside, and without prejudice to the right of the respondents to realise its dues, this writ petition is WP(C) No.4286/2007 -3- disposed of directing the respondents to disburse the amount of Rs.40,422/- withheld from the petitioner's DCRG. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg