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2026 Supreme(Online)(Ker) 19781
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
THE DIRECTOR, KERALA LOCAL FUND AUDIT DEPARTMENT, OFFICE OF THE DIRECTOR OF LOCAL FUND, THIRUVANANTHAPURAM – Appellant
Versus
P. K.KHALID – Respondent
WP(C) NO.36090 OF 2023 | OP (LF) NO.24 OF 2015
For the Appellants/Petitioners: SMT.N.P.SILPA
For the Respondents: SRI.M.KRISHNAKUMAR
Statutory appeal under Kerala Panchayat Raj Act is the appropriate remedy against orders similar to those challenged.
Headnote:The petitioners challenged an order setting aside a surcharge certificate in an original petition. The court cited Mariamma Joseph v. Director of Local Fund Audit, establishing the need for a statutory appeal under Section 215(13) of the Kerala Panchayat Raj Act, 1994. The court determined that the appropriate remedy for the petitioner is to file an appeal as prescribed, and dismissed the writ petition without prejudice to pursuing the right of appeal.
| Table of Content |
|---|
| 1. challenge to surcharge certificate (Para 2) |
| 2. need for statutory appeal per legal precedent (Para 3) |
| 3. writ petition dismissed with right to appeal preserved (Para 4) |
JUDGMENT
Heard Smt.N.P. Silpa, learned Government Pleader for the petitioners, as well as Sri.M.Krishnakumar, learned counsel for the respondent herein.
2. The petitioners have filed the captioned writ petition, seeking to challenge the order passed by the Additional District Court - III, Manjeri, setting aside the surcharge certificate in an original petition filed by the respondent herein.
3. The learned counsel for the respondent has pointed out with reference to the principles laid down by this Court in Mariamma Joseph v. Director of Local Fund Audit [2025 KHC 1982], that as against the orders in the nature of the one impugned herein, the remedy of the petitioner is to prefer a statutory appeal under the provisions of Section 215 (13) of the Kerala Panchayat Raj Act , 1994 (hereinafter referred to as the 'Act').
4. In the light of the above, it is for the petitioner to institute an appropriate appeal as prescribed under Section 215 (13) of the Act.
In such circumstances, without prejudice to the right of the petitioner to prefer an appeal under Section 215 (13) of the Act, this writ petition would stand dismissed.
Sd/-
