K.K. VISWANATHAN MASTER, NARAYANAPURAM, THAZHAMUNDA P.O., WAYANAD DISTRICT Vs. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, (STATE PERFORMANCE AUDIT AUTHORITY), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The petitioners, the President and Vice President in W.P.(C) No.16945 of 2008 and the Secretary in W.P.(C) No.27838 of 2008, of the respondent Panchayath during 2000-2001 are before this Court challenging the recovery attempted by the respondent Panchayath.

(2.) The recovery was of an amount of Rs.2,51,726/-, which is alleged to have been wastefully expended in the construction of a compound wall and digging of a well; using the funds of the Panchayath. The three petitioners were asked to pay the amounts in equal proportion of Rs.83,909.00 with interest @18% from 29.01.2001, within 15 days of the receipt of the notices dated 29.05.2008 produced in W.P(C) No.16945 of 2008 as Ext.P2 and Ext.P6 in W.P.(C) No.27838 of 2008 dated 24.06.2008. The proceedings for recovery is said to have been issued in pursuance to orders issued by the Director of Panchayaths, produced as Ext.P3 in both the writ petitions. The learned Counsel for the petitioners submit that there is no power conferred on the Director to make such a recovery without computation of loss and fixation of liability.

(3.) I have heard the learned Counsel for the petitioners, learned Counsel appearing for the respondent Panchayath and also the learned Counsel for the additional 5th respondent impleaded in W.P.(C) No.16945 of 2008, on whose complaint the proceedings were commenced.