IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 2310 of 2008 ----------------------------- AGAINST THE JUDGMENT IN W.P.(C).NO.9105/2008 DATED 25/03/2008 .................... APPELLANTS/ RESPONDENTS 2 & 3 IN THE W.P: ---------------------------------------------------------------------- 1. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIL CORPORATION, ERNAKULAM, KOCHI -17. 2. THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SMT. MEERA. RESPONDENTS/ PETITIONER & 1ST RESPONDENT IN THE W.P: ------------------------------------------------------------------------------------------- 1. K.A. POULOSE, KURUPPAN HOUSE, NAYATHODE P.O., ANGAMALY, ERNAKULAM DISTRICT. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, KALOOR, ERNAKULAM. R2 BY ADV. MR. M.M.SAYED MUHAMMED, SC, KFC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.2310 of 2008 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . Revenue recovery proceedings were initiated against the writ petitioner for an amount of Rs.32,65,481/= with interest in 2001 as the petitioner failed to discharge the liability to second respondent Kerala Financial Corporation. Several notices were issued. Sale notices were pasted in the site, but, no paper publication was made and no substantial expenses were incurred except sending a Government employee to paste the notice in the site. The matter was finally settled with the Kerala Financial Corporation exercising one time settlement. Thereafter, the petitioner requested for return of documents of title, but, that was not released to him stating that the Government is entitled to collection charges at 5% of the total amount demanded. Absolutely no amount was spent by the Government except pasting notice in the site. No paper publication was made. Sale was not conducted. Before that, the matter was settled. If sale was conducted, after publication in newspapers, gazette etc. there would have been substantial expenses incurred and in such cases appropriate amounts can be realised. Since the matter W.A.2310/2008 2 was settled between the petitioner and second respondent before effecting sale and before incurring any substantial expense, we are of the view that there is no reason for the Government to retain the documents. It is submitted that after filing the case those documents were also released to the petitioner. In the above circumstances, attachment on the property also shall be lifted. We agree with the views of the Learned Single Judge. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks