IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 33928 of 2005(L) -------------------------------------- PETITIONER: -------------------- ANNAMMA JOSEPH, MANIYAMKERIKALA, THURUTHY P.O. CHANAGANACHERRY, (SECRETARY(RTD), THE THURUTHY SERVICE CO-OPERATIVE BANK LTD., THURUTHY P.O. CHANGANACHERRY. BY ADV. SRI.JOHN VARGHESE RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR,(GENERAL), OFFICE OF THE CO-OPERATIVE SOCIETIES, CHANGANACHERRY. 3. THE THURUTHY SERVICE CO-OPERATIVE BANK LIMITED NO.1486, THURUTHY P.O. CHANGANACHERRY, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33928/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 12TH NOVEMBER, 2003 IN OP. N O.24214/2002-G OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE JUDGMENT IN WPC. NO.261/2005(F) DT. 5.1.2005 OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE RECEIPT ISSUED BY THE THURUTHI SERVICE CO-OP. BANK LTD. DT. 3.5.05. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.33928 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T This writ petition is filed praying for a direction to pay the petitioner the withheld amount of Rs.5,129/- with interest. On 06.12.2005, there was an interim direction to release an amount of Rs.6,000/- on the petitioner executing an undertaking to return the same subject to further orders. On 27.06.2008, this Court passed the following order: “In case no counter affidavit is filed within a period of one month from today, it will be taken that the respondents have no objection in allowing the writ petition”. 2. There is no counter affidavit yet. Therefore, this writ petition is disposed of with a direction not to take any action pursuant to the undertaking executed by the petitioner and the matter shall be treated as closed. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 33928 OF 2005 J U D G M E N T 08.08.2008