K V Pradeesh Kumar vs Travancore Devaswom Board
2021 Latest Caselaw 2217 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.28986 OF 2020(W)


PETITIONER:

               K V PRADEESH KUMAR,
               AGED 58 YEARS
               SO. K.G. VASUDEVAN NAIR, KALATHIL GREESHMAM,
               PERUNNA P.O, CHENGANASSERY, KOTTAYAM.

               BY ADVS.
               SRI.K.SASIKUMAR
               SRI.S.ARAVIND
               SRI.P.S.RAGHUKUMAR

RESPONDENTS:

      1        TRAVANCORE DEVASWOM BOARD ,
               NANTHANCODE, THIRUVANANTHAPURAM-695033,
               REPRESENTED BY ITS SECRETARY.

      2        THE DEVASWOM COMMISSIONER,
               TRAVANCORE DEVASWOM BOARD,
               THIRUVANANTHAPURAM-695 033.

      3        ASSISTANT DEVASWOM COMMISSIONER,
               ARANMULA GROUP, TRAVANCORE DEVASWOM BOARD,
               PATHANAMTHITTA-689533

      4        ASSISTANT COMMISSIONER,
               KOTTAYAM GROUP, TRAVANCORE DEVASWOM BOARD,
               KOTTAYAM-689101

               R1 BY SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28986 OF 2020(W)

                                          2




                                   JUDGMENT

Dated this the 20th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) To call for the records leading to the issue of Exhibit P2 and quash the same by the issue of a writ in the nature of certiorari;

ii) To issue a writ in the nature of mandamus directing respondents to disburse the DCRG due to the petitioner immediately and to pay interest at the market rate for the delay caused in payment.

iii) To issue a writ in the nature of mandamus directing the 1st respondent to consider and pass orders on Exhibit P3 representation submitted by the petitioner within a time frame after giving an opportunity to the petitioner of being heard as may be prescribed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has preferred Ext.P3 representation before

the respondents and that Ext.P2 is an internal communication

which has been issued without any notice to the petitioner. It is

further submitted that any fixation of liability on the petitioner

could have been done only with notice to the petitioner.

4. The learned Standing Counsel appearing for the

respondents submits that the liability on the petitioner has been WP(C).No.28986 OF 2020(W)

duly fixed and that an amount of Rs.5,16,672/- has been found

due from the petitioner.

5. Having considered the contentions advanced on either

side, I am of the opinion that a fixation of liability could have

been done only with due notice to the petitioner. In view of the

fact that the petitioner has approached the respondents

preferring Ext.P3 representation, it has to be considered with

notice to the petitioner and after considering all the legal

aspects of the matter.

In the above view of the matter, there will be a direction to

the 1st respondent to take up, consider and pass orders on Ext.P3

representation preferred by the petitioner with notice to the

petitioner as well and after hearing the petitioner by any

appropriate means including through video conferencing. The

admitted amounts due to the petitioner less the liability, if any,

fixed shall be released to the petitioner without delay, at any

rate, within a period of one month. The 1 st respondent shall pass

appropriate orders after hearing the petitioner and after

considering his contentions as well on Ext.P3, untrammeled by WP(C).No.28986 OF 2020(W)

Ext.P2, within a period of two months from the date of receipt of

a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.28986 OF 2020(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE OFFICE ORDER DATED 18.12.2018 ISSUED BY THE DEVASWOM ACCOUNTS OFFICER.

EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 28.9.2020 ISSUED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD TO THE DEVASWOM COMMISSIONER.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 05.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.