IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 8319 of 2001(M)
1. ALICE PHILIP
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.C.SEN (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/09/2008
O R D E R
S. SIRI JAGAN, J.
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O.P.No. 8319 OF 2001
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Dated this the 15th day of September, 2008
JUDGMENT
The petitioners are legal heirs of late Sri. K. Zachariah, who
was proceeded against under the Kerala Public Accountants Act
for recovery of amounts due from him in respect of his official
action as Range Officer of the Department of Forest of
Government of Kerala. They are challenging the orders passed
by the District Collector under the Act in proceedings continued
against them after the death of K. Zachariah. While the said Sri.
K. Zachariah was still alive, orders were passed and revenue
recovery proceedings were initiated which was challenged by the
said K. Zachariah in O.P.No.5108/1990. While that case was
pending, the said Sri. K. Zachariah died and the legal heirs of Sri.
K. Zachariah impleaded themselves as petitioners. Subsequently,
this Court directed the authority under the Public Accountants Act
to pass fresh orders after hearing the legal heirs. Pursuant
thereto, Ext.P8 order has been passed confirming the demand of
O.P.No.8319/2001 2
Rs.3,40,807/- allegedly due from late Sri. K. Zachariah. That
order is under challenge before me.
2. The main contention of the petitioners is that they
had specifically requested for perusal of the files relating to the
demand, which was not made available to them. According to
the petitioners, by Ext.P7 this fact was specifically made
known to the 4th respondent, who passed Ext.P8 order without
making available the relevant files to the petitioners for
perusal. They would therefore submit that there was no
reliable material available in the files to make the said K.
Zachariah liable for any amount under the Act. They would
also submit that the amount of Rs.3,40,807/- now confirmed is
clearly against Ext.P1 order in which the total amount
mentioned was only Rs.1,72,548.06/- and Rs.7,477/-. The
petitioners therefore, seek quashing of Ext.P8 order.
3. I have heard the learned Government Pleader also.
Under the Public Accountants Act, the District Collector is
expected to pass orders on being satisfied himself that the
amounts are due from a person liable under the Act. From
Ext.P8 order, I do not find any independent consideration by
the District Collector in respect of the issue involved. All what
Ext.P8 says is that the Assistant Forest Conservator has
O.P.No.8319/2001 3
informed the District Collector that there is no merit in any of
the contentions of the legal heirs of the late Sri. K. Zachariah.
There is also no specific consideration of the contentions in
Ext.P7 to the effect that there are no files shown to the
petitioners which would prove the liability of late Sri. K.
Zachariah. In any event there was a duty on the District
Collector to mention the materials on the basis of which
liability was found which is conspicuously absent in Ext.P8.That
being so, Ext.P8 is clearly unsustainable in so far as the
District Collector has not independently considered the issues
involved in the light of Ext.P7 objection raised by the
petitioners.
4. Accordingly, Ext.P8 is quashed. The District
Collector is directed to reconsider the matter with reference to
the relevant files, which would prove the liability of Sri. K.
Zachariah, which shall be made available to the petitioners for
perusal before orders are passed. The District Collector shall
pass a reasoned order detailing the materials relied upon,
instead of merely relying on report of the Assistant Forest
Conservator. He shall specifically refer to the relevant
documents in the file, which would prove the liability of Sri. K.
Zachariah in respect of the amount in question. Such orders
O.P.No.8319/2001 4
shall be passed as expeditiously as possible, at any rate, within
a period of three months from the date of receipt of a copy of
this judgment.
The original petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd