IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 16 of 2006(B) ----------------------- PETITIONER(S): --------------- K.J. GEORGE, AGED 36, S/O. JACOB, PROPRIETOR, KOCHUPURAKKAL BRICK INDUSTRIES, ATTAPADI, PALAKKAD, RESIDING AT KOCHUPURAKKAL HOUSE,P.O. JELLIPARA, VIA. MANNARKAD PALAKKAD DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-33, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE CHIEF MANAGER, THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, CENTURY COMPLEX, MATHAKOVIL STREET, SULTHANPET, PALAKKAD-678 001. 3. THE DEPUTY TAHSILDAR, DISTRICT COLLECTORATE, PALAKKAD. ADV. SRI.T.V.GEORGE, SC, KFC FOR R1 & R2 GOVT. PLEADER SHRI.MOHAMMED ANSAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 16/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE OTS AGREEMENT LETTER BY R2. P2A. COPY OF THE RECEIPT DTD.31.10.05 BY R2. P2B. COPY OF THE DTD.9.11.05. P2C. COPY OF THE -DO- 9.12.05. P3. COPY OF THE LETTER DTD.12.5.06 BY R2. P4. COPY OF THE RECEIPT DTD.30.6.06 BY R2. P5. COPY OF THE CIRCULAR OF GOVT. DTD.4.11.05. sdk+ ///True copy/// P.A. to Judge KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16 of 2006 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T The surviving grievance is on prayer No.2, which reads as follows :- “ Issue a writ of mandamus or any other writ, order or direction directing the respondents 1 and 2 to return the amount already collected towards RR collection charges to the petitioner or adjust the same towards balance payment in OTS.” It is submitted that the issue is covered in favour of the petitioner by two decisions of this court, (1) in Bhaskaran v. Sub Registrar (2005(3) KLT 150) and (2) in W.P.(C) No.19091/07. Petitioner may approach the first respondent, producing copies of the judgments referred to above, in which case, appropriate action in the light of the said judgments will be taken, within another three months, with notice to the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.16 of 2006 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.