The District Collector,Malappuram Dist v. Nannambra Service Co-Operative Bank Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WA.No. 1517 of 2009 ( ) ------------------------ AGAINST THE JUDGMENT IN WP(C) 25412/2006 of HIGH COURT OF KERALA DATED 29-08-2008 APPELLANT(S)/RESPONDENTS IN WPC:

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1. THE DISTRICT COLLECTOR, MALAPPURAM.

2. THE DISTRICT REGISTRAR (GENERAL), MALAPPURAM.

3. THE SUB REGISTRAR, TIRURANGADI, MALAPPURAM.

4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM.

BY SR. GOVT PLEADER SRI.M.K.ABOOBACKER RESPONDENT(S)/PETITIONER IN WPC:

---------------------------------------------------------------- NANNAMBRA SERVICE CO-OPERATIVE BANK LTD.NO.M.393, P.O.KODINHI, MALAPPURAM DISTRICT KERALA REPRESENTED BY SECRETARY.

R,R BY ADV. SRI.M.SASINDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

----------------------------------- W.A.No.1517 of 2009 ----------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Antony Dominic, J.

The issue raised in this appeal is covered against the appellants by the order of the Full Bench of this Court in Sub Registrar, Palakkad v. Kerala State Co-operative Consumers Federation Limited, Kochi [2015 (1) KHC 17]. The writ appeal is therefore disposed of clarifying that in case, in the light of the principles laid down in the aforesaid order, the respondent is eligible for any refund, it would be open for them to claim refund and the said claim will be considered by the concerned authority in accordance with law.

Sd/- ANTONY DOMINIC, Judge.

Sd/- ALEXANDER THOMAS, Judge.

kkb.

/True copy/ PS to Judge