IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 29487 of 2007(I) -------------------------- PETITIONER: ------------------ THOMAS, AGED 80 YEARS, S/O. PHILIPOSE, KUTTIKKATTIL HOUSE, KULATHUMON P.O., KOODAL. BY ADV. SRI.T.M.ABDUL LATIFF RESPONDENTS: ---------------------- 1. SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.Q.373, SASTHAMCOTTA, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALES OFFICER, SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.Q.373, SASTHAMCOTTA. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. BY GOVT. PLEADER SRI. P.K.RAVIKRISHNAN-R2 & R3 ADV. SRI.P.SANTHALINGAM (SR.) - R1 SRI.S.SHARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).29487/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED NIL. EXT.P2:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24/09/2007. TRUE COPY RS/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.29487 of 2007-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of June, 2008. JUDGMENT Learned counsel for parties submit that the entire amounts have been paid, though the learned counsel for the petitioner states that it is appropriate that if the bank considers refunding a portion of the amount, if the petitioner is entitled to the benefit of any reduction in the total outstandings. No other reliefs are sought for. The writ petition is accordingly ordered directing that if the petitioner makes appropriate representation, the bank will consider whether any amount is available for return, as excess. It is clarified that notwithstanding the payment of the amounts, the respondents will be at liberty to give effect to any circular which it applies to its transactions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/0906