IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WA.No. 1946 of 2006() --------------------- { IN OP.8698/2002 OF THIS COURT} .................... APPELLANT(S): PETITIONERS 1 TO 5 & LR OF ORIGINAL 6TH PTNR ---------------------------------------------------------------- 1. V.V. PHILIP, AGED 74, DEPUTY COLLECTOR (RETD.), VETTATHETH HOUSE, MATHOOR P.O., PATHANAMTHITTA DISTRICT. 2. ALEYAMMA NINAN, AGED 77, DEPUTY TAHSILDAR (RETD.), KOODATHINAL, UTHIKKOOD, RANNI TALUK. 3. P. CHELLAPPAN NAIR, AGED 67, TAHSILDAR (RETD.), NABUNABDURAN, AYAMALI MEKK, OMALLOOR P.O., PATHANAMTHITTA DISTRICT. 4. M.G. JOHN, AGED 64, REVENUE INSPECTOR (RETD.), MUKALIL THAZHETHETHIL. 5. A.M. PHILIP, AGED 61, DEPUTY COLLECTOR (RETD.), ASARIYATH HOUSE, MATHOOR, CHENNEERKARA, KOZHENCHERRY. WA.No. 1946 of 2006 :: 2 :: 6. JAMES SAMUEL, S/O. P.V.SAMUEL, NEDUMPURATH HOUSE, KUMPAZHA, PATHANAMTHITTA. BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP RESPONDENT(S): RESPONDENTS: ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE BUILDING, PATHANAMTHITTA. 3. THE TAHSILDAR (R.R), OFFICE OF THE TAHSILDAR, PATHANAMTHITTA. 4. THE TAHSILDAR (R.R), OFFICE OF THE TAHSILDAR, RANNI, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.1946 of 2006 ------------------------- Dated this the 29th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The appellants, who were Revenue Officers, were proceeded for recovery of the loss occurred to the Government, as no action was taken by them for taking steps to auction to take usufructs, with respect to excess land surrendered to the Government, for a period of 5 years. 2. Originally, according to the Government, the loss caused was assessed at Rs.1,88,565/-. It was later revised to Rs.1,37,829/-. Learned single Judge directed only waiver of interest, if the amount is paid by each petitioner in three equal monthly instalments, considering the fact that most of the petitioners had retired from service. 3. The main grievance raised in this appeal is that the amount was calculated without notice to the appellants. W.A.No.1946 of 2006 :: 2 :: 4. In the above circumstances, We direct the Government to re-compute the amount. The present recovery proceedings are quashed. Fresh recovery proceedings can be taken only after hearing the appellants and if any loss is caused to the Government, action can be taken against the appellants. Writ petition is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge