IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 20TH JULY 2007 / 29TH ASHADHA 1929 WP(C).No. 34207 of 2005(V) -------------------------- PETITIONER: ------------ PALLIYALI PATHUMMAKUTTY, KODAKKATTU HOUSE, FEROKE COLLEGE.P.O, RAMANATTUKARA, KOZHIKODE. BY ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN RESPONDENTS: ------------- 1. KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM-REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL DEPUTY TAHSILDAR(ARREARS COLLECTION), KOZHIKODE-4. R1 BY ADV. SRI.K.P.HARISH, SC, KHADI BOARD R2 BY G.P. SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE ORDER DT.10.1.1997 OF R1. P2: TRUE COPY OF R.R. NOTICE DT.3.6.2003 IN FORM 1 ISSUED BY R2. P3: .DO. IN FORM 10 .DO. P4: TRUE COPY OF REPRESENTATION DT.7.10.2003 SUBMITTED BY PETITIONER TO R1 BOARD. P5: TRUE COPY OF JUDGMENT DT.17.10.2003 IN W.P.C. NO.32582/2003. P6: TRUE COPY OF PROCEEDINGS DT.5.1.2005 ISSUED BY R1 BOARD. P7: TRUE COPY OF CIRCULAR DT.28.2.2003 ISSUED BY R1 BOARD. P8: TRUE COPY OF ORDER DT.9.5.2005 ISSUED BY R1. TRUE COPY P.A. TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.34207 of 2005 .................................................................... Dated this the 20th day of July, 2007. JUDGMENT Heard counsel for the petitioner and Standing Counsel for first respondent. The petitioner submitted that even though interest was under contest, the petitioner made full payment during pendency of W.P. which includes penal interest of 2%. Counsel for the first respondent submitted that document is released after full payment. The contract rate of interest is17.5% as evidenced by clause (16) of Ext.P1. If petitioner has remitted interest at 17.5% and since payment is voluntarily made, there will be direction to the first respondent to refund the penal interest charged within two weeks from the date of production of copy of this judgment. If penal interest is not charged over the contract rate, then of course refund does not arise. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms