IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 11121 of 2008(Y) -------------------------- PETITIONER: ------------ RAJENDRAN K., S/O.KUNJIRAMAN ANANTHAPURI VEEDU, T.C.64/1691 (OLD) T.C.43/424(NEW), HOUSE NO.3, VALIYA VEEDU LANE KAMALESWARAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM. 2. CHAIRMAN & MANAGING DIRECTOR THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD. MAVELI BHAVAN, GANDHI NAGAR, COCHIN-20. 3. DEPUTY THAHSILDAR (R.R), COLLECTORATE THIRUVANANTHAPURAM. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R2 GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.11121 of 2008 ================== Dated this the 30th day of June, 2008 J U D G M E N T The petitioner has approached this Court for a direction to the 2nd respondent to refund the amount of Rs.1 lakh deposited by the petitioner in compliance with the direction in Ext.P2 judgment. In Ext.P2 judgment what has been directed is that the amount deposited by the petitioner shall be refunded to the petitioner by the Civil Supplies Corporation with 6 per cent interest from the date of deposit, if the suit filed by the Civil Supplies Corporation was dismissed. Although, originally the suit was dismissed for default, it is an admitted case of both sides that an application for restoration of the suit has been filed and the Civil Court posted the same for objections and hearing. That being so, the petitioner's remedy lies in moving this Court again as and when that suit is finally decided. Accordingly, without prejudice to the right of the petitioner to move this Court again after disposal of the suit, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== W.P.(C).No.11121 of 2008 ================== Dated this the 21st day of May, 2008 O R D E R Learned standing counsel for the 2nd respondent submits that an application (I.A.No.9038/2006) has been filed by the Civil Supplies Corporation for restoring the application to restore the suit which was dismissed by Ext.P3 and that the notice issued to the petitioner in the address given in the writ petition itself has been returned unserved. She further submits that the case is posted to 25.6.2008. The petitioner undertakes to appear before 3 the Sub Judge, Ernakulam, in the application for restoration on that date. Post on 30.6.2008. sdk+ S.SIRI JAGAN, JUDGE