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SMT.K.K.JANU, W/O.K.V.RAJAN versus STATE OF KERALA

High Court of Kerala

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SMT.K.K.JANU, W/O.K.V.RAJAN v. STATE OF KERALA - WP(C) No. 14831 of 2006(N) [2006] RD-KL 1673 (20 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14831 of 2006(N)

1. SMT.K.K.JANU, W/O.K.V.RAJAN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE ACCOUNTANT GENERAL (A&E) OF KERALA,

3. THE DIRECTOR OF TREASURIES,

For Petitioner :SRI.JOSE JOSEPH ARAYAKUNNEL

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.K.DENESAN

Dated :20/11/2006

O R D E R

K.K. DENESAN, J.

= = = = = = = = = = = = = = = W.P.(C) No. 14831 OF 2006 N = = = = = = = = = = = = = = =

Dated this the 20th November, 2006



J U D G M E N T

The main relief prayed for is for a direction to the respondents to disburse the D.C.R.G. due to the petitioner. It is also prayed that the amount shall be paid with interest.

2. During the pendency of the writ petition, D.C.R.G. of Rs.2,32,000/- has been disbursed to the petitioner. Therefore, what remains to be considered is the entitlement of the petitioner for interest for the above amount from 9-12-2003 till 13-10-2006 on which date the amount was paid to him.

3. This Court has taken the view in V. Vijayakumaran Nair v. State Bank of Travancore & Anr. {2005(1) KLJ 547} that interest claimed for delayed payment of D.C.R.G. is in the form of compensation and the proper remedy for the parties is to file a civil suit before the appropriate court. Hence, reserving WPC No. 14831 /2006 -2- the right of the petitioner to seek appropriate remedy, this writ petition is disposed of. K.K. DENESAN

JUDGE

jan/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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