SUPERINTENDANT OF POST OFFICES Vs. ANNIE MATHEW

JUDGEMENT

(1.) APPEAL admitted. Notice made returnable forthwith. First respondent waives service through counsel, Mr. Thampan Thomas. Respondents 2 and 3 waive service through learned Government Pleader. By consent, appeal called out for hearing and heard.

(2.) THE first respondent was working as Extra Departmental branch Post Mistress at Pushpagiri Branch Post office, Thiruvalla. By a notice dated 29. 4. 1993 (Ext. P2), certain immovable property of the first respondent is sought to be attached by the Revenue Divisional Officer, Thiruvalla. THE reason given therefore is that an amount of Rs. 2,56,741.80 has been reported to be due from the first respondent to the Postal Department as reported by the Superintendent of Post offices, Thiruvalla and this amount is said to be due from 16. 6. 1992. Hence, invoking the provisions of the Public Accountants' default Act, 1850, a notice of attachment of immovable property was issued to the first respondent. This notice has been challenged in the Original Petition. THE learned Single Judge took the view that the Public Accountants' Default act, 1850 has been repealed by the introduction of the Kerala Public Accountants' Act, 1963 to the extent it was applicable to the Malabar region of the State. He thereafter, reading the definition under the said Act held that the expression 'government' used in the Kerala Act meant Kerala Government and came to the conclusion that the Kerala Public Accountants' Act, 1963 is not applicable to the case of the first respondent. On this reasoning, the notice at Ext. P2 was quashed by the learned single judge.

(3.) IN the result, we set aside the order of the learned single judge and leave it open to the first respondent to contest the notice at ext. P2 on any other ground available in law. Writ Appeal is accordingly allowed and disposed of. . .