Scaria V.J vs The Kasaragod Municipality
2021 Latest Caselaw 20681 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                        WP(C) NO. 35948 OF 2015
PETITIONER/S:

            SCARIA V.J
            VADAKKE CHIRAYATH, CHALA ROAD,
            VIDYANAGAR P.O., KASARAGOD - 671 123.

            BY ADVS.
            SRI.M.SASINDRAN
            SRI.V.VENUGOPAL



RESPONDENT/S:

    1       THE KASARAGOD MUNICIPALITY
            KASARAGOD - 671 121,
            REPRESENTED BY ITS SECRETARY.

    2       THE SECRETARY
            KASARAGOD MUNICIPALITY, KASARAGOD - 671 121.

    3       THE MUNICIPAL COUNCIL
            KASARAGOD MUNICIPALITY, KASARAGOD - 671 121,
            REPRESENTED BY ITS CHAIRMAN.

            BY ADV V.M.KURIAN
            ADV.MATHEW B.KURIAN
            GP.SRI.K.M.FAISAL




     THIS    WRIT    PETITION   (CIVIL)     HAVING   FINALLY   HEARD   ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35948 OF 2015      ..2..




                     JUDGMENT

Challenging Ext.P19 Resolution dated 17.03.2014

and Ext.P18 notice dated 23.05.2014 issued by the 1st

respondent Municipality to recover an amount of

Rs.6,81,000/- as the cost of dilapidated Government

school building demolished allegedly at the instance of

the petitioner, the petitioner has approached this

Court.

2. Heard the learned Counsel for the petitioner

and the learned Standing Counsel for the respondents.

3. By order dated 27.11.2015, this Court has

stayed the operation of Exts.P18 and P19. The

Resolution as well as the notice mulcting the petitioner

with the aforesaid liability is challenged on various

grounds, including violation of principles of natural

justice.

WP(C) NO. 35948 OF 2015 ..3..

4. During the pendency of this writ petition, the

General Education (C) Department has issued an order

dated 19.12.2017 closing the disciplinary proceedings

initiated against the petitioner with regard to the

demolition of the school building. It is also ordered

that, since the petitioner has retired from service,

steps can be taken to disburse the pensionary benefits

to him.

5. In the light of Ext.P20, issued by the

Government closing the disciplinary proceedings and

releasing the pension, Exts.P18 and P19 need not be

proceeded with.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/05/10/2021 WP(C) NO. 35948 OF 2015 ..4..

APPENDIX OF WP(C) 35948/2015

PETITIONER EXHIBITS

P1 : A TRUE COPY OF THE APPLICATION DT 8-7-2013 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD.

P2 : A TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF THE PTA DT 23-10-2013.

P3 : A TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF THE PTA DT 2-12-2013.

P4 : A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE MUNICIPALITY DT 1-1-2014.

P5 : A TRUE COPY OF THE ACKNOWLEDGMENT ACKNOWLEDGING THE RECEIPT OF EXT P4 APPLICATION BY THE MUNICIPALITY.

P6 : A TRUE COPY OF THE FIR IN CRIME NO.48 OF 2013 OF KASARAGOD POLICE STATION.

P7 : A TRUE COPY OF THE FIR IN CRIME NO.53 OF 2014 OF KASARAGOD POLICE STATION.

P8 : A TRUE COPY OF THE INTIMATION REGARDING THE TRAINING PROGRAMME.

P9 : A TRUE COPY OF THE ORDER DT 26-3-2014 ISSUED BY THE DPI.

P10 : A TRUE COPY OF THE PROCEEDINGS WHICH WOULD SHOW THAT THE PETITIONER HAS GIVEN CHARGE TO KRISHNAKUMAR ON 1-3-2014 AND THAT KRISHNAKUMAR HAS ENDORSED ON 3-3-2014 THAT HE WOULD NOT BE ABLE TO TAKE CHARGE.

P11 : A TRUE COPY OF THE REPRESENTATION DT 31-3-2014 SUBMITTED BY THE PTA BEFORE THE DPI.

WP(C) NO. 35948 OF 2015 ..5..

P12 : A TRUE COPY OF THE ORDER DT 19-6-2014 ISSUED BY THE DPI.

P13 : A TRUE COPY OF THE ORDER DT 5-7-2014 CANCELLING THE EXT P12 ORDER AND REINSTATING THE PETITIONER AND POSTING AT G.V.H.S.S., PERIYA

P14 : A TRUE COPY OF THE REPRESENTATION DT 9-7-2014 SUBMITTED BY THE PTA PRESIDENT TO THE DPI.

P15 : A TRUE COPY OF THE REPLY DT 21-10-2015 ISSUED UNDER THE RIGHT TO INFORMATION ACT BY THE PRESENT HEADMASTER OF THE SCHOOL STATING THAT ALL THE REMNANTS OF THE DEMOLISHED BUILDINGS ARE KEPT IN THE SCHOOL.

P16 : A TRUE COPY OF THE NOTICE DT 29-3-2014 ISSUED BY THE MUNICIPALITY TO THE HEADMASTER OF GMVHSS THALANGARA.

P17 : A TRUE COPY OF THE REPLY SUBMITTED TO EXT P16.

P18 : A TRUE COPY OF THE PROCEEDINGS NO.PW3-6062/14 DT 23-5-2014 OF THE 2ND RESPONDENT.

P19 : A TRUE COPY OF THE RESOLUTION NO.10 DT 17-3-2014 OF THE KASARAGOD MUNICIPALITY.

P20 : TRUE COPY OF THE ORDER NO.GEDN/C2/173/2017/GEDN DATED 19.12.2017 ISSUED BY THE GOVERNMENT.