ANTONY A.A v. STATE OF KERALA

BY ADV. SRI. VENUGOPAL V (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.7562/2015 -:3:- J U D G M E N T The petitioner has approached this Court challenging the revenue recovery proceedings initiated against him on the basis of Ext.P3 report of the Finance Inspection Wing of the Kerala Revenue Department.

2. Learned counsel for the petitioner would submit that the petitioner was working as the Secretary of the Kanjirappally Block Panchayat. It is submitted that the Block Panchayat Committee had decided to purchase metal food containers, television sets and DVD players for the Anganwadis, within the Block Panchayat. It is submitted that the Finance Inspection Wing founds certain changes in the specifications in respect of the metal food containers and also found that the television sets and DVD players have been purchased for a higher amount. It is accordingly that, a portion of the amount of loss determined by the Finance Inspection Wing is sought to be recovered from the petitioner by resort to revenue recovery proceedings. The W.P.(C) No.7562/2015 -:4:- amount sought to be recovered from the petitioner is a sum of Rs.38,082/- (see Ext.P12). The learned counsel for the petitioner submits that the revenue recovery proceedings against the petitioner cannot be sustained in law. It is submitted that the petitioner had only implemented the decision of the Block Panchayat and was not in any other manner, involved in the issue. It is submitted that the loss caused to the Panchayat cannot therefore be recovered from the petitioner by resort to revenue recovery proceedings, especially since the demand is also disputed.

3. Learned Government Pleader submits that the petitioner is not entitled to any relief. It is submitted that, on the basis of Ext.P3 report of the Finance Inspection Wing, the loss caused to the Panchayat was sought to be recovered from the petitioner and two other officials of the Block Panchayat. It is submitted that the other two officials have already remitted the amounts due from them, while the petitioner has challenged the same by filing the above writ petition. It is submitted that, it was decided that the amount will be recovered from the petitioner and the other W.P.(C) No.7562/2015 -:5:- officials also on account of the fact that, even after the irregularities were detected by the Finance Inspection Wing, the petitioner and the other officials had not taken any step to recover the amount from the suppliers. It is submitted that in such circumstances, the petitioner is not entitled to any relief from this Court. The learned Government Pleader also points out that this writ petition is not maintainable before this Court, as the petitioner's remedy was to file an application before the Administrative Tribunal under the provisions of the Administrative Tribunals Act, 1985.

4. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that the petitioner has not made out any case for grant of relief. The learned Government Pleader is right in contending that the remedy of the petitioner was to actually approach the Tribunal under the provisions of the Administrative Tribunals Act, 1985. However, it is to be noted that this writ petition was filed in the year 2015 and has been pending before this Court for the last nearly nine W.P.(C) No.7562/2015 -:6:- years. Therefore, at this stage, it may not be proper to relegate the petitioner to his remedy before the Administrative Tribunal. While it may be true that the petitioner was only implementing the decisions taken by the Block Panchayat Committee, it is seen that, even after the irregularities in the supply of metal food containers, Television sets and DVD players was noticed by the Finance Inspection Wing, effective steps were not taken to recover the amount from the suppliers. Though the petitioner has a case that he had retired from service by that date, the same cannot be accepted in the light of Ext.P5 notice, which has been issued by the petitioner himself. Therefore, I find no reason to interfere with the impugned proceedings. At this stage, the learned counsel for the petitioner would submit that the petitioner may at least be relieved of the liability to pay interest on the amount demanded in Ext.P12. In the facts and circumstances of the case, I consider the said request to be reasonable. The writ petition will stand dismissed, repelling the challenge raised in the impugned demand. However, it is W.P.(C) No.7562/2015 -:7:- directed that, if the petitioner pays the sum of Rs.38,082/- in three equal monthly installments commencing from 05-02-2024, the petitioner will be relieved of liability to pay any interest on the said amount. The subsequent installments shall be paid on or before the last working day of the succeeding months. Sd/- GOPINATH P. JUDGE W.P.(C) No.7562/2015 -:8:- APPENDIX OF WP(C) 7562/2015 PETITIONER’s EXHIBITS EXT P1 : EXT P2 : EXT P3 : EXT P4 : EXT P5 : EXT P6 : EXT P7 : EXT P8 : EXT P9 : EXT P10 : EXT P11 : EXT P12 : A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF THE PANCHAYAT DT 16.2.2009. A TRUE COPY OF THE REPORT OF THE ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, KANJIRAPPALLY. A TRUE COPY OF THE REPORT OF THE FINANCE INSPECTION WING OF KERALA REVENUE DEPARTMENT. A TRUE COPY OF THE LETTER ISSUED BY THE EPTITIONER TO THE SUPPLIER OF FURNITURE SEEKING EXPLANATION. A TRUE COPYOF THE LETTER ISSUED BY THE PETITONER TO THE SUPPLIER OF FURNITURE DIRECTING TO REMIT THE AMOUNT. A TRUE COPY OF THE LETTE DT 23.4.2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT. A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT. A TRUE COPYOF THE LETTER ISSUED BY THE 5TH RESPONDENT. A TRUE COPY OF THE LETTER DT 13.12.2013 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. A TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER DT 20.1.2014. A TRUE COPY OF THE DEMAND NOTICE AND DEMAND PRIOR TO ATTACHMENT OF LAND.