IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 9489 of 2008(D) --------------------------------- PETITIONER: -------------- THE BOARD OF DIRECTORS OF TRIVANDRUM CITY CORPORATION CONTINGENCY EMPLOYEES CREDIT CO-OPERATIVE SOCIETY LTD.NO.T.902 PUNNAPURAM, TRIVANDRUM - 24, REPRESENTED BY ITS PRESIDENT S.PADMANABHAN PILLAI. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ----------------- 1. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) TALUK OFFICE, TRIVANDRUM. 2. THE SUB TREASURY OFFICER, PRINCIPAL SUB TREASURY, FORT, TRIVANDRUM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 9489 OF 2008 D = = = = = = = = = = = = = = = = Dated this the 7th April, 2008. J U D G M E N T Revenue recovery proceedings were initiated against the petitioner for realising the dues under an order passed by the Labour Court exercising the powers under Section 33(C)(2) of the Industrial Disputes Act. In W.P.(C) No. 9166 of 2007, filed by the petitioner, this Court directed that the petitioner shall pay the balance amount of Rs.60,000/- deposited in the treasury in 4 equal monthly instalments. It is also directed that once payment is made as above, it will be open to the petitioner to seek refund of the aforesaid sum from the treasury by approaching the treasury officer. It is now submitted by the petitioner that the instalments as directed in Ext. P3 judgment were paid and that the amount of Rs.60,000/- in deposit is available for refund. According to the petitioner, after the liabilities were discharged, the petitioner filed Exts. P4 and P5 before the Deputy Tahsildar and the Sub Treasury Officer requesting for allowing them to withdraw the amount in deposit. According to the petitioners, these representations have not been responded and W.P.(C) No. 9489 OF 2008 - 2 - that the amount of Rs.60,000/- still lies in deposit with the treasury. In these circumstances the writ petition has been filed for compelling the respondents to release the amount in deposit. 2. If as contended by the petitioner, the petitioner has discharged the liabilities in Ext. P3 judgment he is entitled to get the amount of Rs.60,000/- refunded. Now that the petitioner has filed Exts. P4 and P5 before the the Tahsildar and the Sub Treasury Officer, the respondents herein, it is only appropriate that the 2nd respondent passes consequential orders on Ext. P5 in order to satisfy himself that the direction in Ext. P3 judgment has been complied with by the petitioner. It will be open to the 2nd respondent to call upon the petitioner to produce documents in support of that fact as well. I direct that the petitioner shall produce a copy of this judgment before the 2nd respondent and thereupon the 2nd respondent will initiate action in this matter as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-