IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WA.No. 1946 of 2007() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.3275/2006 Dated 25/05/2007 .................... APPELLANT: RESPONDENTS 1 TO 3 IN WPC -------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, IDUKKI. 2. THE SUB COLLECTOR, DEVICOLAM. 3. THE TAHSILDAR (RR), REVENUE RECOVERY OFFICE, NEDUMKANDAM, IDUKKI. BY GOVERNMENT PLEADER SMT.MEERA RESPONDENTS: PETITIONERS & RESPONDENTS 4 & 5 IN WPC ------------------------- 1. PRAVEEN KUMAR, S/O.LATE C.P.GOPINATHA MENON, AGED 34 YEARS, RESIDING AT PRIYA HOUSE, ASHRAMAM ROAD, KALADY. 2. UNION BANK OF INDIA, UDUMBANCHOLA BRANCH, UDUMBANCHOLA. 3. K.I.LARGESS, C/O.T.V.MURALEEDHARAN, SRUTHI, H.NO.44/2836, LINK GARDEN COLONY, KALOOR, KOCHI-17. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1946 of 2007 --------------------------------------- Dated this the 2nd day of June, 2008 Judgment Koshy,J. Only grievance of the State against the judgment is that Government was directed to refund the amount deposited in the treasury with interest at 12% per annum. It is contended by the Government Pleader that the amount was deposited in the treasury. There was a petition to set aside the sale. Therefore, it was not transferred to the requisitioning authority. Now, the sale has been set aside. Government is in no way responsible for that and the interest portion has to be deleted. We heard the writ petitioner also and there is no objection regarding the same. Therefore, the direction of the learned single Judge for payment of interest by the Government is set aside, but, the amount should be returned. The Government Pleader submitted that the money deposited was returned to the requisitioning bank. The requisitioning bank should see that the amount is returned to the owner of the land without W.A.No. 1946/2007 2 delay as the revenue sale is set aside. The writ appeal is disposed of accordingly. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 1946/2007 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1946 of 2007 ------------------------------------- Judgment Dated:2nd June, 2008