IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 19556 of 2011(T) -------------------------- PETITIONER(S): --------------------- A.MOHAMMED, AVVATHOTTIL HOUSE, PATHIMANGALAM P.O., KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------ 1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 695 033 2. THE BRANCH MANAGER, KERALA FINANCIAL CORPORATION, KALPATTA, WAYANAD - 673 121. SRI.R.S.KALKURA, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19556/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RECEIPTS DATED 26/12/2007 ISSUED by the 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE PROCEEDINGS DATED 4.12.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE RECEIPTS EVIDENCING THE PAYMENT OF TH AMOUNT AS PER THE OTS SCHEME. EXT.P4: TRUE COPY OF THE REQUEST DATED 30.3.2009. EXT.P5: TRUE COPY OF THE DEMAND DATED 20.4.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE REQUEST DATED 29.4.2009 SUBMITTED TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19556 OF 2011 ===================== Dated this the 22nd day of August, 2011 J U D G M E N T Petitioner's grievance is against Ext.P5, by which his request for adjusting OTS advance of `1,00,000/- paid by him towards the OTS dues has been rejected by the Corporation. According to the Corporation, the amount has already been appropriated towards the loan liability and therefore the request sought for by the petitioner is inadmissible. 2. The case was adjourned for the standing counsel to obtain instructions. According to the learned Standing counsel, `1,00,000/-, the adjustment of which is now sought by the petitioner, was paid by him as OTS advance when he made application in 2007. It is submitted that the said application was rejected and thereupon the OTS advance paid was appropriated towards the loan liability. It is also submitted that subsequently in 2008, when another OTS was announced by the Corporation, petitioner made an application and that was eventually accepted. It is therefore submitted that the amount which is already appropriated towards his liability cannot now be re appropriated WPC No. 19556/11 :2 : towards the OTS dues. 3. From the facts thus submitted by the standing counsel, it is therefore evident that `1,00,000/- paid by the petitioner was as OTS advance when an application was made in 2007. That application was rejected and thereupon advance remitted was appropriated towards the loan liability. Once the amount has been appropriated towards the loan liability, such amount is not available for any re appropriation as sought for by the petitioner. 4. Therefore, in such circumstances, the request of the petitioner, that the appropriated amount should be re appropriated towards the OTS payments pursuant to the application made by him in 2008, is clearly inadmissible and cannot be accepted. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp