Subhadramma vs State Of Kerala on 15 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 613 of 2007(N)


1. SUBHADRAMMA, AGED 63 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE PRINCIPAL SECRETARY TO GOVERNMENT,

3. THE DIRECTOR, INDUSTRIES AND COMMERCE,

4. THE LIQUIDATOR, PROGRESSIVE INDUSTRIES

5. P.P.VIJAYAN, PARAMESWARATHU VEEDU,

6. BABUKUTTAN PILLAI, S/O.SANKARAN PILLAI,

7. ADV.VIJAYAKUMAR K., AKKASSERIL,

8. P.P.VIJAYAN, S/O.PARAMESWARAN,

9. SUBHADRAMMA, THAYIL, KIZHAKKATHIL,

                For Petitioner  :SRI.P.GOPAKUMARAN NAIR

                For Respondent  :SRI.P.RAVINDRAN

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :15/11/2007

 O R D E R
                   K.PADMANABHAN NAIR,J
                ====================
                        R.P..No.613 of 2007
               ======================
            Dated this the 15th day of November, 2007


                               ORDER

Heard both sides. It is submitted by the counsel for the

review petitioner, who is the petitioner in the writ petition that

she had deposited an amount of Rs.3,25,000/- as part of sale

consideration. The petitioner deposited Rs.25,000/- as earnest

money on 7.12.2005 and of Rs.3,00,000/- after the auction sale.

It is submitted by the petitioner that amount was deposited by

the Society in a bank which it is still lying as such. The learned

counsel appearing for the respondent society submits that on

receipt of the money the same was deposited in a bank and the

same was not returned since the petitioner did not approach the

society. It is submitted that petitioner is not entitled to interest

but if any interest had already accrued in the aforesaid amount

in the bank the same can be refunded to her. The review

petition is disposed of in the following manner:

The petitioner shall file a proper application before the

society for return of Rs.3,25,000/- deposited by her as part of the

sale consideration along with interest accrued within two weeks

R.P.No.613/2007

:2:

from the date of receipt of a copy of the order. On receipt of

such application the society shall take necessary steps to return

the amount from the bank with whatever interest accrued in that

amount and to the petitioner within one month from the date of

receipt of a copy of this order.

K.PADMANABHAN NAIR, JUDGE
dvs