Cherian G Madhavapallil vs State Of Kerala
2023 Latest Caselaw 1775 Ker

WP(C) NO. 1884 OF 2023             1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 1884 OF 2023
PETITIONER/S:

              CHERIAN G MADHAVAPALLIL
              AGED 58 YEARS
              S/O. GEORGE MADHAVAPALLIL, RESIDING AT
              MADHAVAPALLIL HOUSE, PULAPPATTA P.O., PALAKKAD, PIN
              - 678632

              BY ADVS.
              T.MADHU
              C.R.SARADAMANI
              SHAHID AZEEZ
              RENJISH S. MENON



RESPONDENT/S:

      1       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              GENERAL EDUCATION DEPARTMENT, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2       THE DIRECTOR OF GENERAL OF EDUCATION
              OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
              VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN -
              695014

      3       THE DISTRICT EDUCATIONAL OFFICER
              MUNICIPAL COMPLEX, ROBINSON ROAD, OPPOSITE
              GOVERNMENT HOSPITAL, SANTHI NAGAR, PALAKKAD, PIN -
              678014

      4       THE ASSISTANT EDUCATIONAL OFFICER
              PALAKKAD, PALAKKAD DISTRICT, PIN - 678014

      5       DISTRICT TREASURY OFFICER
 WP(C) NO. 1884 OF 2023                  2


              PALAKKAD, DISTRICT TREASURY, SOUTH FORT ROAD,
              CIVIL STATION, KENATH PARAMBU, KUNNATHUR MEDU,
              PALAKKAD DISTRICT, PIN - 678013

              BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

              SMT.NISHA BOSE, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.02.2023,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1884 OF 2023              3




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                     W.P.(C) No. 1884 of 2023
                   --------------------------------------
             Dated this the 1st day of February, 2023


                              JUDGMENT

The above writ petition is filed with following prayers :

(i) "Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse the amount covered by Exhibit P3 to the petitioner forthwith, so as to secure the ends of justice.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the fourth respondent to finalize the proceedings pursuant to the audit objection against the petitioner as expeditiously as possible and within a time frame fixed by this Honourable Court, so as to secure the ends of justice.

(iii) This Honourable Court may be pleased to dispense with filing of the English translation of documents which is in vernacular Language, so as to secure the ends of justice.

(iv) Such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case." [SIC]

2. The main grievance of the petitioner is that the

respondents are not disbursing the withheld DCRG covered

by Ext.P3 to the petitioner.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition. The Government

Pleader after getting instructions submitted that the amount

is not released because of a technical problem as the amount

is deposited in an unidentified account.

5. Whatever may the reason for not releasing the

amount covered by Ext.P3, the petitioner is entitled the

amount. Therefore, the competent authority among the

respondents will do the needful to see that the amount

covered by Ext.P3 is released to the petitioner within two

months.

Therefore, this writ petition is disposed of with the

following directions :

1) The respondent Nos. 2 to 5 will see that the amount

covered by Ext.P3 is released to the petitioner as

expeditiously as possible, at any rate, within two months

from the date of receipt of a copy of this judgment.

2) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before

the respondents 2 to 5 for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 1884/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 18/2/2017 OF THE FIRST RESPONDENT

Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 28/1/2022 OF THE FOURTH RESPONDENT

Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS DATED 7/2/2022 OF THE FOURTH RESPONDENT

Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DATED 14/2/2022 OF THE FOURTH RESPONDENT

Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 19/7/2022 IN W.P.(C)NO.6759/2021 ON THE FILES OF THIS HONOURABLE COURT