G. Other shocking matter humbly submitted with great sense of
resentment is that the third respondent who is bound to ensure that
disbursement from State Exchequer is made in accordance with
legality and propriety has not made any objection in audit to the
unlawful payment of money to those so called ‘ministers’ who ruled
without law and love. It is very obvious that the treatment meted out
to former MLA of Kerala Assembly Sri.Umesh Chulliyil is
applicable in the case of the ministers of cabinet of Kerala led by
former chief minister Sri.A.K.Antony and it is a categorical
imperative in view of the fact that both of them had deviated from
the scheduled text of oath prescribed in the Constitution and the also
the aggravating fact that the latter had criminally insulted the
Constitution of India depicting it as a satanic document without
love. Any inaction on the part of constitutional authorites will be an
act of derogation or annulment of Article14of Indian Constitution
guaranteeing equality before laws and equal protection of law to the
citizens of India within the territory of India. It is most humbly
submitted that the people of kerala are proud citizens of independent
India residing within the territory of India and hence they also are
eligible for the fundamental right under the above said Article14 of
Indian Constitution. It is also submitted that Kerala is the land of Sri
Sankara, the sage of highest realization whose Advaita philosophy
still commands admiration of the whole world, has said that the
power of the Almighty Himself is limited in the sense that He cannot
break His own laws, and that this very limitation constitutes His
omnipotence. Hence before the adoption of Constitution the
enlightened souls of India recognized the equality principle
contained in Article 14 of our Constitution. Therefore the inaction
on the representation marked as Exhibit 14 is both violation of
constitution and our civilisational values.
H. It is a historical fact that administrators of Kerala kept utmost
diligence to ensure that high standards are maintained in the
accounting of public money. The legendary Dalawa (prime minister)
of erstwhile Travancore, who valiantly rebelled against British
hegemony, chopped off the hand of the then Accountant General
(kanakkapilla) who fudged the accounts of the public exchequer.
The highlight of this episode is that this bloody penalty was inflicted
despite the fact that this fudging of accounts was done for the benefit
of Dalawa’s mother. It is a tragic irony that the offices of the
Accountant General (A&E) and the Principal Accountant (Audit) are
head quartered at Thiruvanathapuram, the Capital also of the
erstwhile Travancore. But it is fortunate that the hands of these
authorities under the Comptroller & Auditor General of India are
safe, even though they are party to the squandering of public money
as pointed out by the petitioner in Exhibits P13 and P14, as Velu
Thamby Dalawa is no more and Indian penal system does not
prescribe such cruel punishment. Now, the only available remedy to
retrieve the public money squandered due to the irresponsibility of
first respondent is to invoke the commanding role of this Hon’ble
High Court.
The petitioner is aggrieved since the Accountant General
(A&E), Kerala- the 2nd respondents- under the authority of 1st
respondent exceeded her jurisdiction by issuing Exhibit P5
prejudicial to the petitioner. The petitioner is also aggrieved that the
authorities under the 1st respondent failed to perform their
constitutional duties due to their inaction on Exhibits P13&P14. The
petitioner has no other remedy provided in law than to seek relief
from this Hon’ble Court under Article 226 of Indian Constitution.
The petitioner also is seeking appropriate orders staying the
operation of Exhibit P5.
For these and other grounds to be urged at the time of hearing
the case, it is most humbly prayed that this Hon’ble Court may be
pleased:
i. to issue a writ certiorari or such other appropriate writ order
or direction quashing Exhibit P5 as it is arbitrary, illegal and
unjust.
ii. to issue a writ of mandamus or any other writ, order or
direction commanding the respondent to consider and pass
orders on Exhibits P13 &P14
iii. to issue such other writs, orders or directions as the Hon’ble
Court may deem fit and proper in the circumstances of the
case
iv. award cost to the petitioner
INTERIM REFIEF PRAYED FOR
For the reasons stated in this Writ Petition and the affidavit
accompanying the same it is most humbly prayed that this Honourable
Court may be pleased to stay the operation of Exhibit P5 in accordance
with law pending final disposal of this Writ Petition (Civil).
Dated this the 9th day of November 2009/ 18th day of Karthika
1931/24th day of Thulam 1185
Petitioner
(Party in person)
Sub: Constitutional-Article 148-Auditor General of India-Abuse of
Authority and grave failure in duty
BEFORE THE HON’BLE HIGH COURT OF KERALA AT
ERNAKULAM
(Special Original Jurisdiction)
WP( c ) No. of 2009
N. Krishna Prasad : Petitioner
VS
The Comptroller & Auditor General : Respondents
Of India, New Delhi and others
Memorandum of writ petition filed under Article 226 of the
Constitution of India.
N.KRISHNA PRASAD
Party in person
