Kerala High Court
Sreekantan Nair S.,S/O.Sankara Pillai vs State Of Kerala,Represented By Its on 22 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:5342
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
OP(KAT) NO. 541 OF 2024
ORDER DATED 09-09-2024 IN RA NO.27/2024 IN OA 1790/2023 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
SREEKANTAN NAIR S.,S/O.SANKARA PILLAI,
AGED 58 YEARS
RETIRED AS SPECIAL TAHSILDAR, REVENUE, RESIDING AT SIVALAYAM,
MARUTHOORKONAM ,KOTTAKKAL P.O., BALARAMAPURAM, THIRUVANANTHAURAM,
PIN - 695501
BY ADV.SRI. M.SREEKUMAR
RESPONDENTS/APPLICANTS:
1 STATE OF KERALA,REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 THE LAND REVENUE COMMISSIONER,
REVENUE COMPLEX, THIRUVANANTHAPURAM, PIN - 695033
3 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
COLLECTORATE, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695033
4 THE ACCOUNTANT GENERAL OF KERALA,
OFFICE OF THE ACCOUNTANT GENERAL,THIRUVANANTHAPURAM, PIN - 695001
BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 22.01.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT)No.541 of 2024
2
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JUDGMENT
Dated this the 22nd day of January, 2025
A.Muhamed Mustaque, J.
The propriety of an order in a review application
passed by the Kerala Administrative Tribunal (for short 'the
Tribunal') is questioned in this Original Petition. The
petitioner is a retired Government servant. He approached
the Tribunal. The Tribunal ordered payment of all
pensionary benefits. Thereafter review was filed by the
State stating that they have already initiated proceedings
to fasten liability. Noting the subsequent event, the Tribunal
reviewed the order and ordered that the direction to pay
DCRG stand modified in the light of the liability fastened.
The Tribunal also reserved liberty to the petitioner to
challenge the liability fixed.
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2. The learned counsel for the petitioner assailing
the order submitted that the Tribunal exercised the
jurisdiction to review the order based on subsequent event
and therefore this Court should interfere such illegal
exercise of jurisdiction by the Tribunal.
3. We note that the petitioner retired from the
service on 31.05.2022. The Government has power to
determine the liability within a statutory period of three
years. Therefore, merely because the petitioner rushed to
the Tribunal with an application for release of DCRG, the
Government is not precluded from initiating proceedings as
per the law for fixing liability. It is in that circumstances,
the Tribunal reviewed the order. We also noted that the
petitioner has already challenged the order of fixing liability
before the Tribunal. If that be the case, it is open for the
petitioner to question the fixation of the liability before the
Tribunal.
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We find that there is no scope for interference by this
Court invoking power under Article 227 of the Constitution
of India. Hence this Original Petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
2025:KER:5342
APPENDIX OF OP(KAT) 541/2024
PETITIONER'S ANNEXURES
Exhibit P1 TRUE OCPY OF THE ORDER DATED 09.09.2024
IN RA NO.27/2024 INOA NO.1790/2023 OF
THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE APPLICATION IN OA
NO.1790/2023 DATED 29.09.2023 FILED BY
THE PETITIONER BEFORE THE KERALA
ADMINISTRATIVE TRIBUNLAL,THIRUVANANTHAPURAM
Annexure A1 TRUE COPY OF THE PROCEEDINGS NO.E1-
100/96 DATED 26..10..96 OF DISTRICT
COLLECTOR, KOLLAM.
Annexure A2 TRUE COPY OF THE ORDER NO.LR(E)4-
222/2000 DATED 17..01..2000 OF THE 2ND
RESPONDENT
Annexure A3 TRUE COPY OF THE ORDER NO.LRE7.7/2005
DATED 03..08..2005 OF THE DEPUTY LAND
REVENUE COMMISSIONER.
Annexure A4 TRUE COPY OF THE PROCEEDINGS
NO.LRE5.53120/16/K.DIS DATED
08..03..2017 OF THE 2ND RESPONDENT
Annexure A5 TRUE COPY OF THE PROCEEDINGS
NO.LRE(2)100/2019 DATED 06..03..2019 OF
THE 2ND RESPONDENT.
Annexure A6 TRUE COPY OF THE PROCEEDINGS (FILE)
NO.LR/4032/3021-LR(E2)DATED
28..04..2022 OF THE 2ND RESPONDENT.
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Annexure A7 TRUE COPY OF THE PROCEEDINGS
NO.DCTVM..315377/2021/S3 DATED
22..06..2021 OF THE 3RD RESPONDENT.
Annexure A8 TRUE COPY OF THE PROCEEDINGS
NO.DCTVM/428096/2022-S3 DATED
31..05..2022 OF THE 3RD RESPONDENT
Annexure A9 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE OFFICE OF
SPECIAL TAHSILDAR , KIIF(B) UNIT NO.2,
RECEIPT NO.A1/360/2022 DATED
20..08..2022.
Annexure A10 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT RECEIPT DATED 20..08..2022
Annexure A11 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT RECEIPT NO.FBA6-304538/22
DATED 20..08..2022
Annexure A12 TRUE COPY OF THE LETTER
NO.LR/4173/2022-FB(A6) DATED
31..08..2022 FROM THE 2ND RESPONDENT TO
THE PETITIONER
Annexure A13 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
DATED 20..10..2022 ALONG WITH RECEIPT
Annexure A14 TRUE COPY OF THE ORDER G.O.
(MS)NO.55/2019/FIN. DATED 04..05.2019
Annexure A15 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 24..05..2023
Annexure A16 TRUE COPY OF THE ORDER IN BA
NO.6114/2022 DATED 10..08..2022 OF THIS
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HON'BLE COURT.
Annexure A17 TRUE COPY OF THE NON-LIABILITY
CERTIFICATE NO.(REF) A/135/2019 DATED
08..02..2022 ISSUED BY THE TAHSILDAR
(RR), KASARAGOD
Annexure A18 TRUE COPY OF THE NON LIABILITY
CERTIFICATE ISSUED BY THE SPECIAL
TAHSILDAR LA(INTERNATIONAL AIRPORT)
THIRUVANANTHAPURAM DATED 22..09..2021.
Annexure A19 TRUE COPY OF THE NON LIABILITY
CERTIFICATE NO.A1-364/21 DATED
26..11..2021 ISSUED BY THE SPECIAL
TAHSILDAR, THIRUVANANTHAPURAM.
Annexure A20 TRUE COPY OF THE NON LIABILITY
CERTIFICATE NO.E1-1332/21 DATED
30..09..2021 ISSUED BY THE TAHSILDAR,
THIRUVANANTHAPURAM
Annexure A21 TRUE COPY OF THE NON LIABILITY
CERTIFICATE (FILE)NO.RDOTVM/6099/2021-H
DATED 26..03..2022
Annexure A22 TRUE COPY OF THE NON LIABILITY
CERTIFICATE NO.A1-1/2022 DATED
17..05..2022 ISSUED BY THE
TAHSILDAR,KOTTARAKKARA
Exhibit P3 TRUE COPY OF THE FIR IN CRIME
NO.600/2022 OF PEROORKADA POLICE
STATION DATED 31..05..2022
TRUE COPY OF THE REPLY STATEMENT DATED
Exhibit P4 25..11..2023 IN OA NO.1790/2023 FILED
BY THE 2ND RESPONDENT
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Annexure R2(a) TRUE COPY OF LETTER NO.D4/95/2022/REV.DATED
15..06..2022 FROM THE 1ST RESPONDENT TO THE
2ND RESPONDENT
Annexure R2(b) TRUE COPY OF THE SHOW CAUSE NOTICE
NO.D4/95/2022/REV. DATED 30..03..2023
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Annexure R2(c) TRUE COPY OF THE LETTER NO.D4/95/2022/REV.
DATED 06..06..2023 ISSUED TO THE 2ND
RESPONDENT
Annexure R2(d) TRUE COPY OF THE ORDER G.O.
(P)NO.82/2022/FIN. DATED 04..07..2022
Exhibit P5 TRUE COPY OF THE ORDER DATED 06..12..2023
IN OA NO.1790/2023 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P6 TRUE COPY OF THE ORDER NO.LR/4173/2022-
FB(A6) DATED 31..12..2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P7 TRUE COPY OF THE REVIEW APPLICATION DATED
22..04..2024 FILED BY THE RESPONDENTS
WITHOUT ANNEXURES
Exhibit P8 TRUE COPY OF THE LIABILITY CERTIFICATE
DATED 29..12..2023 ISSUED FROM THE
COLLECTORATE THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF PAYMENT
DATED 02..02..2024 ISSUED BY THE SUB
TREASURY OFFICER, PENSION PAYMENT SUB
TREASURY, NEYYATTINKARA
Exhibit P10 TRUE COPY OF THE OBJECTION DATED
12..08..2024 FILED BY THE PETITIONER TO
THE REVIEW APPLICATION
