N.Sivadasan vs State Of Kerala
2021 Latest Caselaw 6418 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

 TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                   WP(C).No.4588 OF 2021(W)

PETITIONER :-

            N.SIVADASAN, AGED 55 YEARS
            S/O.LATE NARAYANAN, KOORIKKATTU HOUSE,
            PANAVALLY P.O., CHERTHALA,
            ALAPPUZHA DISTRICT, PIN CODE - 688 526.

            BY ADVS.
            SRI.SASI M.R.
            SMT.MINI SAMUEL
            SMT.DHARMYA M.S

RESPONDENTS :-

      1     STATE OF KERALA,
            REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      2     THE DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION,
            ALAPPUZHA, PIN - 688 001.

      3     THE REVENUE DIVISIONAL OFFICER,
            REVENUE DIVISIONAL OFFICE,
            OPPOSITE DISTRICT COURT COMPLEX, S H 40,
            THODANKULANGARA, ALAPPUZHA, PIN - 688 013.

      4     THE TAHSILDAR,
            TALUK OFFICE, CHERTHALA, POLICE STATION ROAD,
            NEAR MINI CIVIL STATION, CHERTHALA, PIN-688 524.

      5     THE DIRECTOR,
            STATE WATER TRANSPORT DEPARTMENT,
            NEAR KSRTC BUS STATION, ALAPPUZHA, PIN - 688 011.

            BY SRI.BIJOY CHANDRAN, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.4588 OF 2021(W)

                                    -: 2 :-


                                 JUDGMENT

Dated this the 23rd day of February, 2021

This writ petition is filed challenging the notices issued by

respondents 2, 3 and 4 and directing to drop all further proceedings

against the petitioner and his property. It is submitted that action is

being initiated under the Kerala Public Accountants Act, 1963 for

recovery of amounts from the petitioner without following the due

procedure in Section 3(3) of the said Act.

2. I notice that the recovery has been ordered on the basis of

orders passed with regard to liabilities found against the petitioner as

a consequence of his service as Boat Master in the State Water

Transport Department. Having considered the provisions of Sections

2(q) and 15 of the Administrative Tribunals Act, I find that the issue

raised is with regard to the service of the petitioner in a civil post

under the State and with regard to liabilities arising therefrom.

In the above view of the matter, this writ petition is

dismissed as not maintainable, without prejudice to the contentions of

the petitioner and his right to approach the Kerala Administrative

Tribunal.

Sd/-

ANU SIVARAMAN JUDGE Jvt/24.2.2021 WP(C).No.4588 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO. E1-15457/01, DATED 28.12.2001 OF THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER NO.E1-3791/06(1) ALAPPUZHA DATED 3.6.2006 OF THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER NO.S1-5316/08, ALAPPUZHA DATED 26.5.2008 OF THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF THE ENQUIRY REPORT DATED 24.10.2008, PREPARED BY SRI. R.MOHANAN, SENIOR SUPERINTENDENT (AUDIT).

EXHIBIT P5 TRUE COPY OF INSPECTION REPORT DATED 22.5.2008.

EXHIBIT P6 TRUE COPY OF ORDER NO.S 1-2103/04 DATED 4.5.2004 OF THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF LETTER-NUMBER S1-5316/08 DATED 31.5.2008 OF SENIOR DEPUTY TRANSPORT COMMISSIONER, IN CHARGE OF DIRECTOR, WATER TRANSPORT DEPARTMENT, ALAPUZHA.

EXHIBIT P8 TRUE COPY OF ORDER NUMBER E3 27/2010 ALAPUZHA DATED 18.3.2010 OF REVENUE DIVISIONAL OFFICE, ALAPPUZHA.

EXHIBIT P9 TRUE COPY OF OBJECTION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, ALAPUZHA DATED 29.3.2009.

EXHIBIT P10 TRUE COPY OF THE NOTICE NO. A-327/10 ALAPUZHA DATED 29.12.2010 ISSUED BY THE R.D.O., ALAPUZHA.

EXHIBIT P11 TRUE COPY OF THE 0BJECTION DATED 25.2.2013 SUBMITTED BY THE PETITIONER BEFORE REVENUE DIVISIONAL OFFICER, ALAPUZHA.

EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 19.6.2019 ISSUED BY THE DEPUTY TAHSILDAR, CHERTHALA.

EXHIBIT P13 TRUE COPY OF DEMAND NOTICE DATED 19.6.2019 ISSUED BY THE DEPUTY TAHSILDAR, CHERTHALA.

EXHIBIT P14 TRUE COPY OF THE APPLICATION DATED 25.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY TAHSILDAR, CHERTHALA.

EXHIBIT P15 TRUE COPY OF THE NOTICE NO.B2-15532/19, CHERTHALA DATED 7.1.2021 ISSUED BY THE 4TH RESPONDENT.