PARAMESWARAM K Vs. STATE OF KERALA

JUDGEMENT

(1.) The case of the petitioner, who is an octogenarian, has got a long history; particularly since he retired from the service 2 1/2 decades back, in the year 1984.

(2.) Earlier, the petitioner was working in the Fisheries Department of the Government of Kerala as Deputy Director, when he was appointed as the Managing Director of the Fishermen's Welfare Corporation and Fisheries Corporation. During his tenure as above, Njarackal Malsyolpadaka Cooperative Society Limited, who was a 'beneficiary Society' and eligible to obtain financial assistance in accordance with a Scheme, was provided with the financial assistance of Rs.59,202.75 and accordingly, a mechanized boat ('Boat Kerala 70') was allotted and entrusted to the said Society.

(3.) Subsequently, the Society turned to be a defaulter and the boat was taken back by the second respondent herein, with the permission of the Director and it was reallotted to a group of six fishermen headed by one Mr. Narayanankutty, on the strength of the surety by name V. M. Thomas, who had executed necessary documents in favour of the Fisheries Department, creating equitable mortgage over the property of 2 acres and 40 cents. Even though the boat was released to the aforesaid Narayanankutty after effecting the necessary repairs, there was no substantial repayment from the date of release on 27/09/1997, till it was seized on 25/01/1980. Finally, as per the sanction given by the second respondent, it was auctioned for Rs.13,000/-. When the Revenue Recovery proceedings were initiated against the defaulter Narayanankutty for realization of arrears, he had approached this Court by filing OP 7452 of 1982 contending that the boat had already been transferred by him to the surety Mr. V. M. Thomas in a private deal, as advised by the officials of the department. This made this Court to order a vigilance enquiry, directing to investigate whether there was any diversion of funds with the connivance of the officials.