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The Indian Penal Code

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Kerala High Court
Dr.V.K.Nandakumar vs The Director Of Collegiate ... on 2 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36408 of 2008(H)


1. DR.V.K.NANDAKUMAR, READER IN POLITICS,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF COLLEGIATE EDUCATION,
                       ...       Respondent

2. THE PRINCIPAL, GOVERNMENT COLLEGE, '

3. GOVERNMENT COLLEGE, TRIPUNITHURA,

                For Petitioner  :SRI.MURALI PURUSHOTHAMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :02/02/2009

 O R D E R
                           K.T.SANKARAN, J.
                ----------------------------------------------
                   W.P(C) No. 36408 of 2008-H
                ---------------------------------------------
               Dated this the 2nd February, 2009.

                            J U D G M E N T

The reliefs prayed for in the Writ Petition are the following:

i) To issue a Writ of Mandamus or other appropriate Writ, Order or direction directing the Respondents 2 and 3 to receive from the petitioner an amount of Rs.6,958/- being the unspent amount towards the conduct of Seminar under the faulty development program held on 20th and 21st of November 2008 and to issue temporary receipt (TR 5) to the petitioner forthwith.

ii) To issue a Writ of Mandamus or other appropriate Writ, Order or direction directing the respondents 2 and 3 to accept the documents, statement of expenditure, vouchers and cash bills to be submitted by the petitioner towards the conduct of the faulty development program for the purpose of audit with proper acknowledgment.

iii) To order the cost of the proceedings under Rule 157 of the Kerala High Court Rules.

iv) To issue such other and further reliefs as may be prayed for from time to time."

2. The petitioner was the Co-ordinator for the conduct of a Seminar in the Government College, Tripunithura. The Seminar was conducted under the faculty development program. A sum of Rs.35,000/- was sanctioned to the college by the Director of Collegiate Education. The petitioner ornagised the Seminar. He has spent only a sum of Rs.28,042/-. It was necessary to remit the unspent amount of Rs.6,958/- and the college had to issue a Treasury Receipt (TR5), W.P(C) No. 36408 of 2008-H 2 under the Kerala Treasury Code. The grievance of the petitioner is that the amount was not being received from the petitioner on the direction by the Principal. The petitioner has stated in detail the facts of the case and made certain allegations against the Principal.

3. When the Writ Petition came up for admission on 12.1.2009, an interim order was passed, which reads as follows:

"Notice before admission. There will be an interim direction to respondents 2 and 3 to receive an amount of Rs.6,958/- from the petitioner, the amount being unspent amount for the conduct of Seminar under the faculty development program, held on 20th and 21st November, 2008. Respondents 2 and 3 shall ensure that treasury receipt (TR 5) will be issued forthwith. The original of the TR5 shall be kept by the Principal and a photocopy shall be issued to the petitioner forthwith. It is also made clear that while submitting the accounts, the petitioner need produce only the photocopy of TR5 receipt. Post on 27.1.2009 in the admission list. Counter affidavit shall be filed before that date."

In the light of the interim order dated 12.1.2009, it is submitted that the amount was received from the petitioner and TR5 was issued. The petitioner has also submitted the accounts. The petitioner has complied with the stipulations made while sanctioning the amount. No further specific direction is necessary. Accordingly, the Writ Petition is disposed of in terms of the interim order.

K.T.SANKARAN JUDGE ab W.P(C) No. 36408 of 2008-H 3 W.P(C) No. 36408 of 2008-H 4 W.P(C) No. 36408 of 2008-H 5 W.P(C) No. 36408 of 2008-H 6