IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 RP.No. 460 of 2008(D) --------------------- (AGAINST THE JUDGMENT IN WP(C) NO.35522/07) REVIEW PETITIONERS/RESPONDENTS IN WPC; ------------------------------------------------------- 1. THE CHIEF POST MASTER GENERAL KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE POST MASTER GENERAL, CENTRAL REGION, KOCHI. 3. THE SUPERINTENDENT OF POST OFFICES, MAVELIKARA DIVISION, MAVELIKARA. 4. THE POST MASTER, VALLIKUNNAM POST OFFICES, VALLIKUNNAM, MAVELIKARA DIVISION, MAVELIKARA. BY ADV. SRI.TOJAN J.VATHIKULAM, ADDL.CGSC RESPONDENT: PETITIONER IN WPC: ------------------------------------------- THE MEENATH KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO.A 135(D)(APCOS), VALLIKUNNAM P.O., MAVELIKARA, ALAPPUZHA DISTRICT-REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.S.SHANAVAS KHAN FOR R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = R.P. No. 460 of 2008 in W.P.(C) No. 35522 OF 2007 D = = = = = = = = = = = = = = = Dated this the 6th June 2008 O R D E R Heard counsel for both sides. 2. By judgment dated 29.1.2008 the writ petition was disposed of directing the respondents to release to the petitioner an amount of Rs.2,40,000/- on the petitioner surrendering the K.V.Ps. to them for the purchase value of Rs.1,20,000/-. The direction was issued overruling the objection of the respondents that the petitioner in the writ petition was not entitled to the payment for the reason that the Kissan Vikas Pathras were issued to them irregularly. 3. Along with this review petition, the learned counsel for the review petitioners have produced as Annexure A1, a common judgment rendered by a Division Bench of this Court in identical circumstances. In that case also though identical contentions raised R.P.No.460/08 in W.P.(C) No.35522 /08 - 2 - by the respondents therein were overruled, taking note of all circumstances, the Division Bench directed that as against the full value, the petitioners therein be paid only interest at the rate of 9% for the purchase value that was collected from them. Facts being identical, and also taking note of the submission that by an oversight the judgment was not cited before me, I feel, the judgment needs to be reviewed and the direction suitably modified. 4. Accordingly, the review petition is disposed of, modifying the direction in the judgment dated 29.1.2008, directing the review petitioners to pay to the petitioners interest at the rate of 9% along with the purchase value of the K.V.Ps. on the petitioner in the writ petition surrendering the K.V.Ps as against the full value. It is directed that on the petitioners surrendering the K.V.Ps as above, the amount will be paid within one month thereafter. With this direction the review petition is disposed of. ANTONY DOMINIC JUDGE jan/-