IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WA.No. 1746 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2845/2009 Dated 28/01/2009 .................... APPELLANT(S)/RESPONDENTS 1 & 3-5: -------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, TRIVANDRUM 3. THE DEPUTY TAHSILDAR (RR), TRIVANDRUM TALUK, TRIVANDRUM 4. THE VILLAGE OFFICER, KUDAPPANAKUNNU BY ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): --------------- 1. K.RAVINDRAN, S/O.VASUDEVAN, KIZHAKKETHIL VEEDU, PERAVOOR, MANNANTHALA MUKKOLA P.O., TRIVANDRUM. 2. CANARA BANK, MUTTADA BRANCH, REP. BY ITS BRANCH MANAGER. 3. S.VIJAYAN, S/O.STEPHEN, T.C.NO.10/1613, V.S.BUILDINGS, MANNANTHALA, THIRUVANANTHAPURAM BY ADVOCATE SRI.RAMASWAMY PILLAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No.1746 of 2009 -------------------------------------------------- Dated this the 7th day of August, 2009 JUDGMENT Kurian Joseph,J. This is an appeal filed by the State (respondents 3 and 5). They are aggrieved since the learned single Judge has held that the State shall not be entitled to levy collection charges. The writ petitioners had borrowed money from the Bank and when they defaulted, the Bank took recourse to the revenue recovery proceedings. In the process steps have been taken by the revenue recovery authorities for attachment, sale etc. While so, it appears the writ petitioners had settled the disputes with the Bank. Therefore, the revenue recovery authorities did not have to proceed with the sale. In such circumstances, particularly in view of the settlement, the collection charges leviable is only at 1%. W.A.No.1746 of 2009 -:2:- Therefore, we modify the judgment of the learned single Judge and hold that the writ petitioners shall be liable to pay collection charges at the rate of 1%. The writ appeal is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No.1746 of 2009 ---------------------------- JUDGMENT 7th August, 2009