IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 35191 of 2001(M) ---------------------------------- PETITIONER: ------------------- C.K. PAVITHRAN, S/O. KUNJIKRISHNAN NAIR, KRISHNA NIVAS, EACHOM.P.O., VYTHIRI, WAYANAD. BY ADV. SRI.C.P.MOHAMMED NIAS. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR, COFFEE BOARD, P.B. NO. 38, GOODALAYI ROAD, KALPATTA, WAYANAD. 2. THE LAND ACQUISITION OFFICER (LA II) (SPECIAL THAHASILDAR), KARAPPUZHA, BANASURA NAGAR IRRIGATION PROJECT, KALPATTA, WAYANAD. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 57508/2001 IN O.P. NO. 35191/2001-M DISMISSED 22/02/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NOTICE DTD. ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE LETTER NO. DDK/D/LOAN/2000-2001/485 DTD. 23/07/2001 ISSUED BY THE COFFEE BOARD TO SRI. C.K. UNNIKRISHNAN. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 35191 OF 2001 --------------------------------------- Dated this the 22nd day of February, 2008. J U D G M E N T This original petition is filed with the following prayers: i) To issue a writ of mandamus any other writ, order or direction directing the 2nd respondent to repay the amount of Rs.87,371/- to the petitioner if the treasury cheques bearing No.CA 6207 dated 17.7.2001 issued by the 1st respondent is already encashed or not to encash the said cheques of it is not so far encashed. ii) To direct the 2nd respondent to take back the treasury cheque bearing No.CA 6207 dated 17.7.2001 for a sum of Rs.87,371/- from the 1st respondent and deposit the same in an appropriate court or pay the petitioner. It is for the petitioner to approach the second respondent. In the event of the petitioner approaching the second respondent within a period of two months from today, appropriate action in accordance with law in the matter will be taken by the second respondent with notice to the petitioner and first respondent within a period of another four months. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 35191 OF 2001 J U D G M E N T 22.02.2008