IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WA.No. 2293 of 2009() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.29736/2007 Dated 07/09/2009 .................... APPELLANT(S): PETITIONER: ------------------------- K.G.UNNIKRISHNAN, KOTTUKKAL PALAKKAL HOUSE, NATTIKA, THRISSUR. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. SENIOR INSPECTOR OF COOPERATIVE SOCIETIES, ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STAE GROUP HOUSING FEDERATION, KALOOR, KOCHI-17. 4. THE NATTIKA FIRKA HOUSING SAHAKARANA SANGHOM LTD.NO.346, EDAMUTTOM, THRISSUR. 5. PADMAVATHY,CHAKKAMADATHIL HOUSE, NATTIKA THALIKULAM P.O.-680 569. R4 BY ADV. SRI.K.N.CHANDRABABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ================================================== W.A.No.2293 of 2009 ================================================== Dated this the 31st day of March, 2010. JUDGMENT Ramachandran Nair, J. 1.Heard the counsel for the appellant, standing counsel for the bank and the counsel appearing for the fifth respondent. 2.After hearing all sides, we do not find any justification to interfere with the order of the Government setting aside the sale, which is confirmed by the learned single Judge. However, we feel that, since the appellant has deposited the sale proceeds wayback in 2003, he should be compensated not just by interest because, if the amount was invested in land, he would have certainly got a hike in money. Therefore, in addition to Rs.1,30,000/- deposited, amount of Rs.84,000/- and interest thereon in terms of the WA2293/09 -:2:- judgment, there will be a direction to the fifth respondent to pay a further sum of Rs.25,000/- to compensate the appellant. The fourth respondent society is directed to release the amount of Rs.1,30,000/- immediately. The fifth respondent will pay Rs.25,000/- within week from receipt of this judgment through demand draft to the appellant. Counsel for the society submitted that the society incurred various expenses on litigations, which are attributable to the defaulter. We do not think that there is any need to compensate the society on account of litigation expenses. Writ appeal is disposed of as above. C.N.Ramachandran Nair, Judge. sl. P.S.Gopinathan, Judge.