IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 4855 of 2004(C) ------------------------- PETITIONER(S): --------------- V.Y.SREEKUMAR, N.V.BUNGALOW, VALIAVAZHI, MANCHAMKODU, OTTASHEKARAMANGALAM, NEYYATTINKARA TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE MANAGING DIRECTOR, KERALA STATE BACKWARD CLASSES DEVELOPMENT CORPORATION LTD., T.C.16/351, COTTON HILL, THYCAUD P.O., TRIVANDRUM-695 014. GOVERNMENT PLEADER SRI. T. SANTHOSH KUMAR FOR R1 SMT.P.DEEPTHI, SC,KS BACKWARD CLASS COR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT DATED 20.2.1997 EXECUTED BY THE PETITIONER IN FAVOUR OF THE 2ND RESPONDENT. EXT.P2 RELEVANT EXTRACT OF THE GUIDELINES ISSUED BY THE NATIONAL BACKWARD CLASSES FINANCE AND DEVELOPMENT CORPORATION. EXT.P3 TRUE COPY OF THE ORDER LOAN NO. TVM/CAR/1/96-1 DATED 22.1.2000 ISSUED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO. D5.2685/2000 DATED 9.8.2000 ISSUED BY THE DY. TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA. EXT.P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE ORDER DATED 1.8.2002 PASSED BY THE KERALA LOK AYUKTA. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4855 OF 2004 -------------------------------------------- Dated this the 7th day of July, 2009 JUDGMENT Petitioner has availed loan from the second respondent for purchase of car. According to the petitioner, second respondent charged exhorbitant interest and collected the same. Petitioner filed a complaint before the Lok Ayukta which got investigation done through it's agency and based on report Lok Ayukta disposed of the complaint vide Ext.P6 order. Petitioner has approached this Court now claiming refund of specified sum of Rs. 75,540/- with 12 per cent interest. On going through order of the Lok Ayukta I do not think Lok Ayukta has entered any finding about eligibility for refund. Government Pleader submitted that interest was charged because petitioner committed default in payment of instalments. I do not think there is any scope for this Court deciding the correctness or legality of the interest charged on the petitioner because matter is already concluded by Ext.P6 order of the Lok Ayukta. In fact findings of the Lok Ayukta are in favour of the petitioner and respondents have not challenged the same. In the 2 circumstances, all what the petitioner can seek is the enforcement of the order of the Lok Ayukta that is consideration of the matter by the Board of Directors of the second respondent in the light of the findings of the Lok Ayukta. I therefore dispose of the Writ Petition directing the second respondent to implement the order of the Lok Ayukta and issue communication to the petitioner. Before final orders are passed, the Board should communicate it's proposal to the petitioner and petitioner should be given an opportunity to file a statement on the proposal. (C.N. RAMACHANDRAN NAIR) Judge kk 3