IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WA.No. 1066 of 2008() ----------------------------- (AGAINST THE JUDGEMENT/ORDER IN WPC.3503/2008 Dated 04/03/2008) .................... APPELLANT/1ST RESPONDENT: ---------------------------------------------- THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE SECRETARY, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-695001. BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB RESPONDENTS/ PETITIONER & 2ND RESPONDENT: ------------------------------------------------------------------------- 1. LEKSHMANAN V., AGED 61 YEARS, S/O. (LATE) KRISHNAN MUTHU, RESIDING AT THUNDELATE VELI, S.L. PURAM, CHERTHALA, ALAPPUZHA-688 523. 2. MARARIKULAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, S.L.PURAM, CHERTHALA, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSON THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1066 of 2008 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. Petitioner/Respondent deposited an amount of Rs.6,600/- with the Mararikulam North Grama Panchayat, who, in turn, entrusted the same with the appellant. That amount was deposited for availing of financial assistance under the Maithri Bhavana Scheme and the deposited amount has to be returned with 9% interest as it was not returned on demand. The only ground in the appeal is that interest ought not to have been granted on the deposited amount of Rs.6,600/- from the date of deposit. The appellant ought to have returned the amount when it was found that respondent was not entitled to financial assistance. Further, for returning the amount even after the Division Bench decision in another case, he has to approach this court. He has engaged an advocate to represent in the writ petition and in the writ appeal. In these circumstances, it cannot be stated that 9% interest awarded W.A.No.1066 /2008 2 is very arbitrary so as to interfere in an intra-court appeal. The appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No.1066 /2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1066 of 2008 ------------------------------------- Judgment Dated:5th June, 2008