IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6251 of 2008(T) ------------------------- PETITIONER: ------------ JOJO JOSEPH, S/O.JOSEPH, PARECATTIL HOUSE, KIDANGOOR P.O., (VIA) ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY RESPONDENTS: ------------- 1. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, KALOOR, KOCHI - 17. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. R1 & 3 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6251 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT In this writ petition, the petitioner contends that the amounts that were due to the respondents was settled by him availing of the benefit of one time settlement scheme. It is stated that despite this, now revenue recovery charges are demanded. It is objecting to this demand, the writ petition has been filed. 2. The standing counsel who appeared in the matter also has no dispute that the amount was realised as stated by petitioner. 3. If that be the position, it cannot be argued that amount was recovered employing the machinery under the Revenue Recovery Act which alone will justify realisation of revenue recovery charges. In view of this, the petitioner cannot be saddled with the liability to pay revenue recovery charges. 4. Therefore I direct that the petitioner's liability will be WP(C) 6251/08 Page numbers settled fully and finally by realising the dues, if any, from him except revenue recovery charges. Needless to say that once the liability is settled, the documents deposited by the petitioner will be released to him. With this clarification the writ petition is disposed of. ANTONY DOMINIC, JUDGE mt/-