Kerala High Court
P.K.Appunni vs The State Of Kerala on 2 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 17569 OF 2018
PETITIONER:
P.K.APPUNNI
AGED 81 YEARS, S/O. P.K.KITTAN,
ASSISTANT ENGINEER (RETIRED),
PUBLIC WORKS DEPARTMENT,
PERINGATHARAYIL PERINJANAM,
THRISSUR - 680 651.
BY ADVS.
SRI.G.P.SHINOD
SHRI.AJIT G ANJARLEKAR
SRI.GOVIND PADMANAABHAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
PWD BUILDING DIVISION,
ST. MARYS COLLEGE ROAD,UDAYA NAGAR,
CHEMBUKAVU,THRISSUR - 680 005.
3 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
CIVIL STATION, AYYANTHOLE,
THRISSUR - 680 003.
4 THE DEPUTY TAHSILDAR
TALUK OFFICE, KODUNGALLUR,
THRISSUR - 680 664.
SRI. JUSTINE JACOB -SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17569 OF 2018
2
JUDGMENT
Dated this the 2nd day of August, 2024
The above writ petition is filed by the petitioner seeking to
quash Exts.P4 and P5 demand notices initiated against the
petitioner under Sections 7 and 34 of the Kerala Revenue
Recovery Act, to recover an amount of Rs.7,02,069/- along with
interest, cost and other charges as per law.
2. The brief facts of the case are as follows:-
The petitioner retired from service as an Executive
Engineer in the year 1992. After his retirement, there was a
direction to the first respondents to recover the loss sustained
to the Government on account of the retender of the work of
Pre vocational Training Centre, Koratti, due to the alleged
negligence of the petitioner and three others while on duty. The
loss so assessed was apportioned among the petitioner and
other officers of the department. For recovery of the said
amount, Exts.P4 and P5 demand notices were issued to the
petitioner.
3. Heard the learned Counsel for the petitioner as well
as the learned Government Pleader appearing for the
WP(C) NO. 17569 OF 2018
respondents.
4. The first respondent, State of Kerala, instituted a
suit as O.S.No.801 of 2012 before the Sub Court, Irinjalakuda
for recovery of the amount due from the petitioner. However,
the suit was dismissed as per the judgment dated 25.07.2015.
Pursuant to the dismissal of the said suit, the respondents
issued Exts.P4 and P5 demand notices, for the recovery of
amount due from the petitioner.
5. As far as the recovery proceeding is concerned, the
issue has been concluded as per Ext.P3 judgment of the court
below. It is admitted that no further appeal was filed against
Ext.P3 judgment. I find that the claim of the respondents as
regards for recovery of the amount aforementioned will not
stand since the subject issue by and between the petitioner and
the State Government have concluded as per Ext.P3 judgment.
Hence, the respondents are not entitled to initiate further
recovery proceedings on the same account and such recovery
action is also barred by the principles of res judicata. Similar
matter was also considered by this Court in W.P.(C) No.16951
of 2018, in respect of other officers against whom revenue
recovery proceedings were initiated for the alleged dues. As
WP(C) NO. 17569 OF 2018
per judgment dated 24.06.2019 in W.P.(C) No. 16951 of 2018,
the said writ petition was also allowed, setting aside the
revenue recovery proceedings.
Hence, the Writ Petition is allowed and Exts.P4 and P5
revenue recovery notices are set aside.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
WP(C) NO. 17569 OF 2018
APPENDIX OF WP(C) 17569/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED
08.10.2009 IN WPC NO. 28301 OF 2009
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED
04.11.2009 IN WPC NO. 31387 OF 2009
PASSED BY THIS HONOURABLE COURT.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DAED
25.07.2015 IN OS NO. 801 OF 2012 OF
THE SUB COURT IRINJALAKKLA.
EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED
09.05.2018 ISSUED BY THE FOURTH
RESPONDENT UNDER SECTION 7 OF THE
KERALA REVENUE RECOVERY ACT.
EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED
09.5.2018 ISSUED BY THE FOURTH
RESPONDENT UNDER SECTION 34 OF THE
KERALA REVENUE RECOVERY ACT.
