N.M.Mohandasan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 8293 of 2012 (J) --------------------------- PETITIONER(S):
--------------- N.M.MOHANDASAN AGED 47 YEARS AGED 47 YEARS, S/O.MADHAVAN, NJATTUVETTY HOUSE PAZHUVIL WEST, KURUMBILAVU VILLAGE, THRISSUR TALUK THRISSUR DIST.
BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S):
---------------
1. STATE OF KERALA REPRESENTED BY SECRETARY, MOTOR TRANSPORT DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. KERALA MOTOR TRANSPORT WORKERS WELFARE FUND REPRESENTED BY ITS CHAIRMAN, MAIN OFIICE KOLLAM - 691 001.
3. THE DISTRICT EXECUTIVE OFFICER KERALA MOTOR TRANSPORT WORKERS WELFARE FUND HIGH ROAD, NEAR PUTHENPALLI, THRISSUR - 680 601.
4. DISTRICT COLLECTOR THRISSUR DISTRICT, AYYANTHOL, THRISSUR
5. THE TAHSILDAR REVENUE RECOVERY, TALUK OFFICE, THRISSUR - 20. RR4 BY ADV. GOVERNMENT PLEADER R BY GOVERNMENT PLEADER R BY SRI.K.S.MANU (PUNUKKONNOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8293 of 2012 APPENDIX PETITIONER(S) EXHIBITS ----------------------------------- EXT.P-1 TRUE COPY OF THE RELEVANT PAGES OF R.C BOOK OF VEHICLE BEARING REG.NO.KL-8P/2502.
EXT.P-2 TRUE COPY OF STAGE CARRIAGE PERMIT DATED 23.08.2000. EXT.P-3 TRUE COPY OF AGREEMENT OF SALE DATED 09.01.2002. EXT.P-4 TRUE COPY OF DEMAND NOTICE DATED 15.3.2007 ISSUED BY THE DEPUTY TAHSILDAR (RR) EXT.P-5 TRUE COPY OF PROVISIONAL ASSESSMENT ORDER DATED 25.10.2002 ISSUED BY THE 3RD RESPONDENT.
EXT.P-6A TRUE COPY OF THE INTERIM ORDER DATED 23.03.2007 PASSED BY THIS HONOURABLE COURT IN WPC NO.10064 OF 2007.
EXT.P-7A TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 21.04.2007 EXT.P-8A TRUE COPY OF THE JUDGEMENT DATED 02.07.2007 PASSED BY THIS HONOURABLE COURT IN WPC NO.10064 OF 2007.
EXT.P-9A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 19.05.2008 EXT.P-10 A TRUE COPY OF THE REPRESENTATION DATED 3.02.2012 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS ------------------------------------ EXHIBIT R2(A) : TRUE COPY OF THE ORDER DATED 12.6.2012 // TRUE COPY // P.A. TO JUDGE.
Sou.
A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = W.P(C) No.8293 of 2012 = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2015
JUDGMENT
The petitioner has approached this Court alleging that the request made by him to respondents 2 and 3 to get refund of the balance amount on the basis of the final liability fixed on him did not invoke any positive response. The petitioner further alleges that respondents 2 and 3 were delaying the refund of the balance amount without assigning any valid reason.
2. On 19.6.2014, the learned counsel for respondents 2 and 3 submitted that as per the order dated 12.6.2012, a sum of ₹69,296/- has been paid to the petitioner. Now the respondents 2 and 3 filed a statement showing the exact amount regarding the payment.
3. As the principal amount has been paid, the only question is regarding the interest, if any, to be awarded on the principal amount of ₹69,296/-. Though it is submitted by the learned counsel for the
WP(C).8293/12 -:2:- petitioner that there was willful laches on the part of the respondents in disbursing the amount, the learned standing counsel for the respondents submitted that the delay occurred was only because of administrative reasons. I see no reason to disbelieve the said submission.
Therefore, the writ petition is closed as the principal amount has already been disbursed to the petitioner. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj