SHAJI P.CHALY
Babu Divakaran – Appellant
Versus
Adoor Municipality Represented By Its Secretary, Adoor, Pathanamthitta District – Respondent
JUDGMENT :
Petitioners were the Chairperson and members of Adoor Municipality - the 1st respondent respectively during the period 2000-2005. It is aggrieved by the action initiated by respondents 1 to 3 i.e., the Adoor Municipality, the Director, Urban Affairs Directorate, Thiruvananthapuram, the Secretary to the Government, Department of Local Administration, Thiruvananthapuram, for realisation of an amount of Rs.2,90,366/-, from the petitioners in equal proportion towards the loss caused to the Municipality during their tenure, the writ petition is filed.
2. During the said period, Municipality entered into a contract with a private firm by name, M/s.Ammini Energy Systems Private Limited, for the purpose of purchasing certain electric items for installation of street lights.
Pointing out irregularities, the Finance Department of the State Government caused an inspection and found certain irregularities quantifying the loss so caused to the Municipality at Rs.2,90,366/-. Consequently, proceedings purportedly under section 547(1) of the Kerala Municipality Act, 1994, have been initiated against the 1st petitioner and the Secretary of the Municipality.
3. According to the petitioners, 2
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