LAWS(MAD)-2012-11-320

K VISWANATHAN Vs. SUPERINTENDENT OF POLICE

Decided On November 22, 2012
K Viswanathan Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) THIS writ petition has been filed challenging the proceedings of the first respondent, dated 28.11.2007, whereby, a deduction of Rs.1,500/- per month from the petitioner's salary for a period of 17 months was sought to be made for recovery of interest amount on the arrears of amount payable to the Excise Department by the petitioner's deceased father in respect of a claim relating to the period 1972-73.

(2.) IT appears that the petitioner's father was running a Toddy shop during the excise year 1972-1973 and the petitioner is one of his son. After running the said Toddy shop, the petitioner's father died long back and there was no action initiated whatsoever to recover the so called arrears amount either during the life time of the petitioner's father or even immediately after his death. All of a sudden, during the year 2006, the second respondent issued a notice to the first respondent to recover the interest amount payable by the petitioner's father from the salary of the petitioner, who is working as Sub-Inspector of Police. It is also admitted by the respondents that the principal sum of Rs.8608/- was already paid by the other son and only interest amount to the tune of Rs.27,451/- alone is liable to be paid, which is sought to be recovered from the salary of the petitioner, based on the request made by the second respondent to the first respondent through his communication, dated 14.11.2007.

(3.) ACCORDINGLY , the Writ Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.