2025:KER:26196 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 15132 OF 2023 PETITIONER: ROSILY SEBASTIAN, AGED 64 YEARS, PULAYARUTHOTTATHIL KALATHOOR.P. O, KURUVILANGAD KOTTAYAM, KERALA, PIN – 686633. BY ADVS. P.YADHU KUMAR P.BABU KUMAR SWETHA K.S. RESPONDENTS: 1 THE KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM, PIN - 686001 2 THE MEDICAL OFFICER, ATHIRAMPUZHA PRIMARY HEALTH CENTRE ATHIRAMPUZHA, KOTTAYAM, PIN – 686562. OTHER PRESENT: SRI T JAYAN GP, SRI AJIT JOY SC FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.15132 of 2023 2 2025:KER:26196 JUDGMENT The petitioner who was working as a Health Inspector in the Health Department of the State of Kerala, states that on the basis of the directions issued by the Government /Municipality, various amounts were expended by her during 2007-08, when Chikun gunya disease spread across the state. 2. By Ext.P9, the respondent Municipality has sought to deny the claims made by the petitioner. It is challenging Ext.P9 that the captioned writ petition is filed by the petitioner. 3. I have heard Sri.P.Babu Kumar, the learned counsel for the petitioner and Sri.Ajith Joy, the learned Standing Counsel for the respondent Municipality. 4. The fact that the petitioner was working as a Health Inspector and she was entrusted with certain tasks during 2007-08, as pointed out in the writ petition is not in dispute. The petitioner claims that she had expended various amounts in excess of Rs.84,000/- and only an amount of Rs.30,000 was paid by the Municipality. However, a perusal W.P.(C)No.15132 of 2023 3 2025:KER:26196 of Ext.P9 would show that the stand of the Municipality is that, inspite of the notice issued for production of the original invoices, only originals of certain invoices were produced. Even with respect to the original invoices produced as above, the Municipality states that there were corrections in majority of them. It is on that basis that Ext.P9 has been issued rejecting the claim. 5. However, I take note of the contention raised by Sri.P.Babu Kumar, that the petitioner has produced the originals of all the invoices before the respondent Municipality, which is opposed by Sri.Ajith Joy, the counsel for the respondent Municipality. 6. Insofar as the only dispute is with respect to the entitlement for the petitioner for various amounts, supported with invoices, according to the petitioner, I deem it appropriate to permit the petitioner to file a representation with the details of the invoices in support of the amounts claimed by him, within a period of three weeks from today. Resultantly, this writ petition would stand disposed of directing the petitioner to file a representation before the W.P.(C)No.15132 of 2023 4 2025:KER:26196 Secretary of respondent Municipality with the details of all the invoices either original or photography - and also pointing out the date on which the originals were produced with the respondent Municipality, seeking the benefits claimed by him. If such a representation is being filed by the petitioner, respondent Municipality to grant the petitioner an opportunity of being heard and adjudicate on the claims made, within a further period of four weeks thereafter. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.15132 of 2023 5 2025:KER:26196 APPENDIX OF WP(C) 15132/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REQUEST BY KUMARANELLUR GRAMA PANCHAYAT PRESIDENT TO THE SECOND RESPONDENT DATED 12.06.2007 Exhibit P2 A TRUE COPY OF THE REPLY SEND BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 22 WARD MEMBERS OF THE KUMARANELLUR GRAMA PANCHAYAT Exhibit P4 A TRUE COPY OF THE LETTER BY THE PETITIONER SUBMITTED BEFORE THE MEDICAL OFFICER, ATHIRAMPUZHA DATED 28.05.2008 Exhibit P5 A TRUE COPY OF THE THE LETTER TO THE SECRETARY OF THE KUMARANELLUR GRAMA PANCHAYAT ON 13.06.2008 Exhibit P6 A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE CHIEF MINISTER IN SUTHARYA KERALAM DATED 11.07.2008 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN WP C NO 23575/2011 BEFORE THE HON’BLE HIGH COURT DATED 11.10.22 Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH ACKNOWLEDGMENT DATED 31.10.22 BEFORE THE KOTTAYAM MUNICIPALITY Exhibit P9 A TRUE PHOTOCOPY OF THE ORDER BY THE MUNICIPALITY REJECTING THE CLAIM OF PETITIONER DATED 11.01.23