Case Summary
The plaintiff, Principal Agricultural Officer, filed a suit against the defendant, R.K.Sasiharan, for recovery of a loss of Rs. 6,70,629/- allegedly caused by the defendant's actions while he was Assistant Director of Agriculture. The court examined the merits of the claims and the defendant's defenses.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realise an amount of Rs.6,70,629/- with interest at the rate of 9% per annum from the date of suit till the date of decree and 6% interest thereafter.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ruling that the defendant is liable to pay the amount of Rs. 6,70,629/- with interest due to a failure in compliance with procedural requirements regarding the release of subsidy amounts.
Why Plaintiff Won:
The defendant violated the procedural requirements stated in the guidelines for the scheme.
The defendant violated the procedural requirements stated in the guidelines for the scheme.
Losing Side's Weaknesses:
The defendant violated the procedural requirements stated in the guidelines for the scheme.
The defendant violated the procedural requirements stated in the guidelines for the scheme.
Supporting Evidence
The court ruled that the defendant had released the last installment without obtaining the final valuation certificate as stipulated in item no.6 of the guidelines.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.6,70,629/- (Rupees Six lakhs seventy thousand six hundred and twenty nine only) with interest at the rate of 9% per annum from the date of suit till the date of decree. Thereafter 6% interest from the date of decree till the date of realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Principal Agricultural Officer
- Party Role
- Defendant
- Party Name
- R.K.Sasiharan
- Party Age
- 81
- Relation
- S/o
Plaintiffs Documents
Order No. Audit V(2)16383/2013, Circular No.TA(a) 32501/1993, Special audit report No.Aud2(2)61606/1993
Defendants Documents
Certified Copy of Order in OA. 570/2017
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Benser
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Radhakrishnan K Pezhummoodu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.6,70,629/- from the defendant.
Evidence:
In the result, the suit is decreed with costs: 1. Plaintiff is entitled to realise an amount of Rs.6,70,629/- (Rupees Six lakhs seventy thousand six hundred and twenty nine only) with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This order authorizes the plaintiff to recover Rs.6,70,629/- from the defendant.
Reference:
Ext.A1
Document Type:
Circular
Submitted By:
Plaintiff
Relevance:
This circular prescribes the conditions regarding the implementation of the subsidy scheme.
Reference:
Ext.A2
Document Type:
Special Audit Report
Submitted By:
Plaintiff
Relevance:
This report details the financial discrepancies leading to the alleged loss sustained by the government.
Reference:
Ext.A3
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
This order relates to the previous proceedings concerning the liability of the defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Principal Agricultural Officer vs R.K.Sasiharan regarding recovery of money
Case Code Year
Case between Principal Agricultural Officer vs R.K.Sasiharan regarding recovery of money