IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 28471 of 2004(M) ----------------------------------- PETITIONER: ---------------- N.A. VINODKUMAR, S/O. LATE N. AYYAPPAN NELLIYAMPURATH HOUSE, ERUMATHALA P.O., ALUVA-683 101, ERNAKULAM DISTRICT. BY ADV. SRI. KAPPILLIL ANILKUMAR RESPONDENTS: ------------------ 1. SPECIAL DEPUTY TAHSILDAR (R.R.) KERALA STATE FINANCIAL ENTERPRISES LTD., KACHERIPADY, ERNAKULAM. 2. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS BRANCH MANAGER, KULATHUPUZHA. 3. MR. NANDANA MENON, UDC/OFFICE ASSISTANT OFFICE OF THE DEPUTY COMMISSIONER (INTELLIGENCE) SALES TAX DEPARTMENT, PALARIVATTOM, KOCHI. 4. MR. SUDEESH KUMAR, LABORATORY ASSISTANT SREE NARAYANA COLLEGE, NATTIKA, THRISSUR DISTRICT. 5. MR. JIGESH KUMAR, S/O. MR. GUHAPRASAD EDAKKATTU HOUSE, NEAR SOAP COMPANY, VANIYAKKAD, MANNAM P.O., NORTH PARUR. BY ADV. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. SRI.C.E.UNNIKRISHNAN SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD GOVERNMENT PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28471/2004 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE REPRESENTATION DATED 15.11.01 BY THE PETITIONER TO THE 1ST RESPONDENT. EXT. P2 : COPY OF THE PROHIBITORY ORDER NO.SDT/EKM/2218/01-02 DATED –NOVEMBER 2001 ISSUED BY THE 1ST RESPONDENT TO RECOVER RS.2400/- PER MONTH FROM THE MONTHLY SALARY OF the PETITIONER. EXT. P3 : COPY OF THE CERTIFICATE OF SALARY RECOVERY DATED 11.3.04 ISSUED BY THE POST MASTER ALUVA H.P.O DURING NOVEMBER 2001 TILL MARCH 2004. EXT. P4 : COPY OF THE LETTER DATED 23.2.2004 FROM THE IST RESPONDENT ADMITTING NO RECOVERY IS MADE FROM THE 3RD RESPONDENT'S SALARY. EXT. P5 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 17.3.04. EXT. P6 : COPY OF the JUDGMENT IN W.P. NO. 10656/04 DATED 26.3.04. EXT. P7 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 8.7.04 TO 1ST AND 2ND RESPONDENTS. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF THE PROHIBITOR ORDER NO. SDT/EKM/2218/01-02 DATED 17.04.04 ISSUED BY THE 1ST RESPONDENT. EXT. R3(b) : COPIES OF RECEIPTS EVIDENCING PAYMENT OF RS.17,700.00 EXT. R3(c) : COPY OF PROCEEDINGS DATED 27.5.04 OF THE 1ST RESPONDENT. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- W.P.(C). No. 28471 OF 2004 -------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is filed with the following prayer: 1. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 and 3 to refund the excess amount illegally recovered from the petitioner in contravention of law. It is submitted that Exhibit P7 representation is pending before the second respondent. There will be a direction to the second respondent to take appropriate action on Exhibit P7 with notice to the petitioner and respondents 3 to 5 within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp