IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13372 of 2009(N)
1. P.K. GEE VARGHESE,
... Petitioner
Vs
1. BARANIKAVU BLOCK PANCHAYATH,
... Respondent
2. THE DEPUTY DIRECTOR (HG),
3. THE DIRECTOR,
4. THE STATE OF KERALA,
5. THE DISTRICT COLLECTOR,
6. THE CHIEF ENGINEER,
7. ACCOUNTANT GENERAL, KERALA.
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/05/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.13372 of 2009
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Dated 26th May, 2009
JUDGMENT
Heard Sri.T.Madhu, the learned counsel appearing for the
petitioner, Sri.C.Rasheed, the learned counsel appearing for the first
respondent and Sri.Antony Mukkath, the learned Government Pleader
appearing for respondents 2 to 7.
2. Ext.P5 order passed by the Director of Local Fund Audit
surcharging the petitioner and Ext.P4 surcharge certificate issued by
the Director of Local Fund Audit are under challenge in this writ
petition. Ext.P5 order discloses that it has been issued under sub
section (1) of Section 16 of the Local Fund Audit Act, 1994. Sub
section (3) of Section 16 states that any person aggrieved by
disallowance, surcharge or charge made may, within one month after
he has received or been served with the decision of the auditor, apply
to the District Court, to set aside such disallowance, surcharge or
charge and the court, after taking such evidence as is necessary, may
confirm, modify or remit such disallowance, surcharge or charge.
3. Sub section (3) of Section 16 of the Local Fund Audit Act
confers on the petitioner the right to file an appeal challenging Ext.P5
in the District Court. The petitioner thus has an effective alternate
WP(C).No.13372/2009 2
remedy. Ext.P5 order is dated 23.3.2009. The period of one month
prescribed under sub section (3) of Section 16 of the Local Fund Audit
Act for filing an appeal has expired. However, having regard to the
fact that the petitioner has filed this writ petition in this Court, I am
inclined to dispose of this writ petition with the direction that in the
event of the petitioner filing an appeal before the competent District
Court within two weeks from today, the District Court shall entertain
the appeal as one filed within time and pass orders thereon in
accordance with law. In order to enable the petitioner to move the
appeal and seek interim orders from the District Court, the
proceedings if any initiated against the petitioner for recovery shall be
kept in abeyance for a period of two weeks from today.
The writ petition is disposed of as above.
P.N.RAVINDRAN
Judge
TKS