IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 30305 of 2003(G) ---------------------------------- PETITIONER: ---------------- A.S.VALSALAKUMARI, W/O.LATE M.NARAYANAN, AGED 50 YEARS, RESIDING AT LAKSHMI BHAVAN, MULLAKKAL P.O., ALAPPUZHA. BY ADV. SMT.P.V.ASHA RESPONDENT: ----------------- ALAPPUZHA MUNICIPALITY, REPRESENTED BY THE MUNICIPAL SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. ADV. SRI.M.K.CHANDRA MOHANDAS, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30305/2003 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE RECEIPT DATED 29.7.1994 ISSUED BY THE 2ND RESPONDENT. EXT. P2 : COPY OF THE REPRESENTATION DATED 15.9.2003 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.30305 OF 2003 --------------------------------------- Dated this the 26th day of November, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the steps taken by the respondent-Municipality in the matter of allotment of rooms. In view of the intervening developments what survives is only the grievance regarding refund of the security deposit. 2. It is seen from paragraph 10 of the counter affidavit that the Municipality has no objection to refund the security deposit. Since the Municipality has enjoyed the deposit made by the petitioner without any justification, it is only just and equitable that the amounts are refunded with reasonable interest. Therefore, this writ petition is disposed of directing the Municipality to refund the security deposit made by the petitioner within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition, with interest at the rate of 9%. In the event of any delay beyond the period of two months, petitioner shall be entitled to interest at W.P.(C) No.30305/03 2 the rate of 12% and the officers responsible for the delay shall be personally liable for the same. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.30305/03 3 KURIAN JOSEPH, J. W.P.(C) No.30305 OF 2003 J U D G M E N T 26.11.2008