IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4719 of 2009(J) ------------------------- PETITIONER(S): --------------- C.M.KURIAKOSE, 65 YEARS, S/O.MATHAL, CHOMPAKATHINAL HOUSE VANNAPPURAM PO., THODUPUZHA, IDUKKI. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY DEPARTMENT OF CORPORATION(B), GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. REGISTRAR OF CO.OP.ERATIVE SOCIETIES TRIVANDRUM. 3. ASSISTANT REGISTRAR OF CO.OP.ERATIVE SOCIETIES(GENERAL), THODUPUZHA, IDUKKI. 4. THODUPUZHA PRIMARY CO.OP.AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., THODUPUZHA, IDUKKI, REP. BY ITS SECRETARY. By GP SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 4719 OF 2009 ............................................ DATED THIS THE 12TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner availed a loan from the fourth respondent. He ultimately repaid it. He now contends that he is entitled to refund of a portion of the amount paid, having regard to certain circulars. The petitioner cannot work out his remedy in writ jurisdiction. This is essentially a matter relatable to excessive execution. The final authority to decide on proceedings in execution, either by way of appeal or revision, is government as the case may be, and therefore Ext.P4 revision will be decided upon following Ext.P7 in accordance with law. The plea of the petitioner that there is excessive execution and he is entitled to refund on the basis of the circulars shall also be considered. Let the needful be done within an outer limit of four months from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/16/2