IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 W.P.(C).No. 7305 of 2008(T) --------------------------------- PETITIONER: -------------- LAWRANCE RENJAN , AGE 27 YEARS, S/O.LATE K.J.THOMAS, KURUSINGAL HOUSE, EDAKOCHI. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ----------------- 1. KERALA FINANCIAL CORPORATION REP. BY ITS MANAGING DIRECTOR FINANCE TOWERS, KALOOR, KOCHI. 2. CHIEF MANAGER KERALA FINANCIAL CORPORATION BRANCH OFFICE, IST FLOOR, FINANCE TOWERS, KALOOR, KOCHI. 3. THE DEPUTY TAHSILDAR(REVENUE RECOVERY) KERALA FINANCIAL CORPORATION KALOOR, KOCHI. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 7305 OF 2008 T = = = = = = = = = = = = = = = = Dated this the 4th March, 2008 J U D G M E N T This writ petition has been filed challenging the demand for collection charges under the Revenue Recovery Act. Petitioner was a defaulter to the respondent Corporation. When proceedings were initiated for recovery, petitioner availed of the benefit of One Time Settlement Scheme and the entire amount in default has been paid by the petitioner, the receipt of which has been acknowledged by Ext. P2. 2. Despite the payment as above, it is contended by the petitioner that a demand is now made for collection charges and that the documents deposited by the petitioner were also not released. Since the petitioner has already discharged his debt by availing of the benefit of One Time Settlement Scheme, it cannot be said that the amounts have been recovered deploying the machinery under the Revenue Recovery Act in order to justify the demand on W.P.(C) No. 7305 OF 2008 -2- the collection charges. Since the liability itself has been settled directly between the defaulter and the requisitioning authority the defaulter can be held liable for collection charges. This position is seen accepted by a Division Bench of this Court in its judgment in W.A. No. 2502 of 2007. 3. In view of the above, I dispose of this writ petition directing that once the amount due in terms of the One Time Settlement Scheme has been paid in full by the petitioner and accepted by the Corporation, the petitioner cannot be saddled with the liability to pay collection charges payable under the Revenue Recovery Act. It is also directed that the liability has been settled fully, the documents of title deposited by the petitioner shall also be released to the petitioner. ANTONY DOMINIC JUDGE jan/-