IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5904 of 2008(C)
1. P.N.CHANDRASEKHARAN, AGED 58 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE DISTRICT COLLECTOR, COLLECTORATE,
3. THE DEPUTY COLLECTOR (ELECTIONS),
4. THE TAHSILDAR, TALUK OFFICE,
5. THE LOK AYUKTA, REPRESENTED BY ITS
For Petitioner :SRI.R.S.KALKURA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/02/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 5904 of 2008
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Dated: February 20, 2008
JUDGMENT
The challenge in this writ petition is against Ext.P11 to the
extent interest is denied to the petitioner. The finding of the 5th
respondent is that the delay in payment has occurred due to the
fault of the 3rd respondent, the Deputy Collector (Elections),
Malappuram. Though this finding has been entered, the Lok
Ayukta declined interest for the reason that the officer concerned
was not personally impleaded in the proceedings.
2. When interest is to be granted following the default of an
officer, the officer can be saddled with the liability only if he is
impleaded in his personal capacity. This has not been done in this
case and therefore the denial of interest in Ext.P11 cannot be said
to be perverse, warranting interference under Art.226 of the
Constitution of India.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
mt/-