IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 35912 of 2010(L) -------------------------- PETITIONER(S): --------------- P.V.ANTONY, S/O. VARU, AGED 52 YEARS, PEREPADAN HOUSE, NADUVATTOM P.O., ANGAMALI. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- *[ 1. EXECUTIVE ENGINEER, P.W.D.ROAD DIVISION, ANGAMALI POST, ANGAMALI-683 572. 2. ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROADS SECTION, ANGAMALI POST, ANGAMALI-683 572. ] Corrected vide order dated 3.6.2011 in I.A.8223/2011 1. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, CIVIL STATION, KAKKANAD 682030 2. THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD DIVISION, ALUVA P.O., ALUVA 683101 3. ASSISTANCE ENGINEER, P.W.D. ROAD SECTION, ANGAMALI POST, ANGAMALI-683 572. GP SRI. GEORGE MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35912 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE THIRD RESPONDENT DATED 16.9.2010 EXT.P2- TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT DATED 20.9.10 EXT.P3- TRUE COPY OF THE STAY NOTICE ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 29.9.10 EXT.P4- TRUE COPY OF THE INJUNCTION ORDER OF ADDL.DIST. COURT, N.PARAVUR IN I.A.495/10 IN A.S.116/10 DATED 18.10.2010 ALONG WITH INJUNCTION SCHEDULE EXT.P5- TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE THIRD RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).35912/2010 .............................................. Dated this the 22nd day of July, 2011 JUDGMENT Petitioner has approached this Court with the following prayer:- Issue a writ of mandamus or such other writ, order or direction commanding the respondents to release the amount deposited by the petitioner as per Ext.P2 within a time frame as directed by this Honourable Court. 2. The amount, refund of which is sought by the petitioner, was deposited by him as per Ext.P2 receipt, towards the Auction Sale Value. However, in view of Ext.P3 order of the Assistant Engineer and Ext.P4 injunction order passed by the Additional District Court, North Paravur, sale did not materialize. It is therefore, that the petitioner seeks refund of the amount deposited by him. 3. Learned Government Pleader submits that the respondents have no objection in refunding the amount. However, according to him, the petitioner will not be entitled to claim any interest or other damages. W.P.(C).35912/10 2 4. It is submitted by the learned counsel for the petitioner that the petitioner has no claim for any interest or any damages. 5. In view of the above, the petitioner is entitled to get the amount deposited by him refunded. 6. Therefore, the writ petition is disposed of directing the third respondent to refund to the petitioner the amount deposited by him, as evidenced by Ext.P2 receipt. This shall be done as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment along with the original receipt. ANTONY DOMINIC, Judge mrcs