IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 8600 of 2008(W) ------------------------- PETITIONER: ------------ P.K.SANTHOSH KUMAR, S/O.KUMARAN, PULICKAL HOUSE, PATTIMATTOM P.O., PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.E.M.MURUGAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE KERALA FINANCIAL CORPORATION, REP. BY ITS MANAGING DIRECTOR, HEAD OFFICE, VELLAYAMBALAM, TRIVANDRUM. 3. THE MANAGER, KERALA FINANCIAL CORPORATION, PERUMBAVOOR. 4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, ERNAKULAM. R1 BY GOVERNMENT PLEADER SRI. C.K. GOVINDAN R2 TO R4 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 8600 OF 2008 -------------------------------------------- Dated this the11th day of April, 2008 JUDGMENT Heard counsel for the petitioner and standing counsel for KSFE. W.P. is filed for direction to the KSFE to furnish details of balance demand raised against the petitioner. Counsel for the KSFE produced copy of statement which shows that petitioner had to pay balance amount of Rs. 80,321/- under OTS scheme and on account of failure to settle liability, the outstanding liability is Rs. 17,19,367/-. Petitioner himself has produced Ext.P6 which shows that petitioner was given opportunity to settle liability under OTS scheme on payment of Rs. 5 lakhs by 31.12.2004. According to the petitioner, time for settlement of liability under OTS scheme was extended on petitioner's application by the Managing Director vide Ext.P9 till 28.2.2008. By virtue of the condition in Ext.P6 petitioner has to pay simple interest at the rate of 10.5% on the OTS amount for belated payment. It is stated in Ext.P6 that petitioner has paid Rs. 1 lakhs within the time granted for payment and therefore balance as on31.12.2004 was only Rs. 4 lakhs. In the 2 circumstances, W.P. is disposed of directing the third respondent to work out simple interest at 10.5% on Rs. 4 lakhs from 1.1.2005 onwards, give credit for the payments made on subsequent dates and give a statement to the petitioner showing the balance liability as above. Statement should be given to the petitioner within ten days from the date of production of a copy of this judgment. Petitioner is granted time till 15.5.2008 to make payment. If payment is made voluntarily then no collection charges will be recovered from the petitioner and in that event documents will be released immediately on payment. Since petitioner is not liable to pay collection charges, the respondents need not pay collection charges to the Government also. (C.N. RAMACHANDRAN NAIR) Judge kk 3