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N.J.James

High Court Of Kerala|08 October, 2014
|

JUDGMENT / ORDER

Petitioner has approached this Court seeking refund of the amount deposited as a condition for stay, by virtue of an order passed on 19.2.2014 as Ext. P3. Petitioner had remitted the amount as per chalan dated 29.3.2014. The appeal was subsequently allowed in favour of the petitioner by order dated 31.3.2014. Petitioner had submitted an application for refund as Ext. P6 on 19.8.2014. So far, no action has been taken by the respondent authority and accordingly this writ petition is filed seeking for a direction for refund of the amount deposited by the petitioner as per Ext. P4 chalan. 2. The learned Government Pleader, on instructions, would submit that though the appeal is dated 31.3.2014, so far, no appeal has been filed against the said order.
3. Having regard to the aforesaid submission, I am of the view that this writ petition can be disposed of as under:
The 2nd respondent shall refund to the petitioner the amount covered by Ext. P4 chalan within a period of one month from the date of receipt of a copy of this judgment. If there is any adjustment to be given, the petitioner shall W.P(C) No. 23855 of 2014 -: 2 :-
be intimated about the same. This judgment is subject to the right of the respondent authority to file appropriate appeal and obtain necessary order of stay.
Tds/ Sd/-
A.M. Shaffique, Judge.
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Title

N.J.James

Court

High Court Of Kerala

JudgmentDate
08 October, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • C K Sreejith