IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WA.No. 1583 of 2008() --------------------- AGAINST THE ORDER IN RP.460/2008 IN W.P(C) 35522/2007 .................... APPELLANT: RESPONDENT: PETITIONER ------------------------ THE MEENATH KSHEEROLPADAKA CO-OPERATIVE SOCIETIES LTD., NO.A 135(D) (AP COS), VALLIKUNNAM.P.O, MAVELIKKARA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: REVIEW PETITIONERS/RESPONDENTS: -------------------------------------------------------------------------------------- 1. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE POST MASTER GENERAL, CENTRAL REGION, KOCHI. 3. THE SUPERINTENDENT OF POST OFFICES, MAVELIKKARA DIVISION, MAVELIKKARA. 4. THE POST MASTER, VALLIKUNNAM POST OFFICES, VALLIKUNNAM, MAVELIKKARA DIVISION, MAVELIKKARA. ADV. SRI.TOJAN J.VATHIKULAM, ADDL.CGSC FOR R1-4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ W.A NO: 1583 OF 2008 ----------------------------------------------------------------------------------- Dated this the 14th January, 2009. JUDGMENT BALAKRISHNAN NAIR, J. Writ petitioner is the appellant. This writ appeal is filed challenging the order in R.P.460/2008 in W.P(C) 35522/2007. The facts of the case are the following:- 2. The appellant/society purchased Kisan Vikas Pathras from the respondents. The amount deposited in Kisan Vikas Pathras will fetch higher rate of interest when compared to other deposits. The same being attractive, the appellant chose to make deposits under the scheme. But as per the scheme, only individuals are permitted to make deposits. After realising this mistake, dispute arose between the appellant and respondents regarding the rate of interest to be paid. The matter was brought up before this Court by the appellant by filing W.P(C) 35522/2007 in which the present impugned order is passed. The learned Single Judge following an earlier Division Bench decision of this Court rendered in similar circumstances directed the respondents to repay the amount deposited by the society with 9% interest. Challenging that W.A.No: 1583/2008 2 decision this writ appeal is filed. 3. We heard learned counsel for the appellant as also the learned counsel for the respondents. 4. We find nothing wrong with the decision of the learned Single Judge which was rendered following an earlier decision of a Division Bench in an identical case. But learned counsel for the appellant submitted that because of the negligence of the respondents and officers under them the society has suffered damage and, therefore, it may be permitted to recover damages for the same. It is made clear that the rights if any of the appellant in this regard will not be affected by the order of the learned Single Judge impugned in this appeal. Subject to that clarification the writ appeal is dismissed. K.BALAKRISHNAN NAIR Judge K. SURENDRA MOHAN Judge jj W.A.No: 1583/2008 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: