IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 11^TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947 WP(C) NO. 5991 OF 2021 PETITIONER:

JUHEE MARIA TOM AGED 37 YEARS S/O. THOMAS, KIZHAKKEDATHU KUNTHALAMPARA, KATTAPPANA P.O., KATTAPPANA SOUTH, UDUMBANCHOLA, IDUKKI-685515, (PRESENTLY WORKING AS SECRETARY, KOOTHATTUKULAM MUNICIPALITY, ERNAKULAM DISTRICT).

BY ADVS.

SRI.P.R.VENKATESH SRI.G.KEERTHIVAS RESPONDENTS:

1 TANUR MUNICIPALITY TANUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, TANUR-676302.

2 DIRECTOR, KERALA STATE AUDIT DEPARTMENT, MALAPPURAM-676505.

3 SENIOR DEPUTY DIRECTOR, OFFICE OF THE DISTRICT AUDIT, MALAPPURAM-676505.

4 D.RAJEEV, PVRA-95A, NADUVILA LANE, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM-695005.

BY ADVS.

SHRI.HARISH R. MENON GOVERNMENT PLEADER SRI.K.T.SHYAMKUMAR SMT.K.N.ABHA SRI.A.G.PRASANTH GP- ADV. NIMA JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11^th day of June, 2025 Petitioner has approached this Court challenging Exts.P1, P4 and P5 which are surcharge proceedings initiated by the Local Fund Audit Department.

2. The learned Counsel appearing for the 1^st respondent Muncipality would submit that, while they calculated the retirement benefits of the 4th respondent the DA was calculated as 64% instead of 8% and an amount of Rs.1,59,804 was disbursed to the 4^th respondent instead of Rs.19,975/-. The learned Counsel appearing for the respondent Municipality would submit that the 4^th respondent has remitted back the difference of the said amount, to the tune of Rs.1,39,829/-.

In the light of the same, no liability could be fostered upon the petitioner. Accordingly, Exts.P1, P4 and P5 are set aside.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF WP(C) 5991/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER DATED 14.10.2019 RECEIVED BY THE PETITIONER FROM THE SR.

DEPUTY DIRECTOR, DISTRICT AUDIT OFFICE.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED 30.10.2019 SUBMITTED BY THE PETITIONER TO THE SECRETARY TANUR MUNICIPALITY.

EXHIBIT P3 TRUE COPY OF THE REPLY ADDRESSED TO THE

3RD RESPONDENT DATED 30.10.2019 BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE SURCHARGE NOTICE DATED

9.10.2020 RECEIVED BY THE PETITIONER FROM LOCAL FUND AUDIT DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED

9.10.2020 BY THE JOINT DIRECTOR, KERALA STATE AUDIT DEPARTMENT.

EXHIBIT P6 TRUE COPY OF REPLY DATED 24.12.2020 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, LOCAL FUND AUDIT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION TO THE SECRETARY, TANUR MUNICIPALITY DATED

24.12.2020 BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE HEARING NOTICE DATED

10.2.2021 FROM THE SR. DEPUTY DIRECTOR, MALAPPURAM TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE AUDIT REPORT SUBMITTED BY THE SR. DEPUTY DIRECTOR.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 21.11.2019 ISSUED BY TANUR MUNICIPALITY TO THE 4TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 16.11.2020 ISSUED TANUR MUNICIPALITY TO THE 4TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 20.1.2021 ISSUED BY TANUR MUNICIPALITY TO THE 4TH RESPONDENT.

1996.