IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8111 of 2008(N) ------------------------- PETITIONER: ------------ 1. N. ABDUL AZEEZ, NEELLIKUNNEL HOUSE VADAKKEMANA, KODOOR P.O., MALAPPURAM. 2. N. ASHRAF, NEELLIKUNNEL HOUSE DOWN HILL P.O., MALAPPURAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.LEEJOY MATHEW.V. RESPONDENTS: ------------- 1. THE KERALA FINANCIAL CORPORATION, REP. BY MANAGING DIRECTOR, VELLAYAMBALAM THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE MANAGER KERALA FINANCIAL CORPORATION, BRANCH OFFICE MALLIYECKAL BUILDING, MANJERI ROAD, UP HILL MALAPPURAM. 4. DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, MALAPPURAM. BY STANDING COUNSEL SRI V.B.UNNIRAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 8111 of 2008 ------------------------------------- Dated: MARCH 11, 2008 JUDGMENT The petitioner is a defaulter to the respondent Corporation. When steps were initiated for realisation of the dues, petitioner applied for the benefit of one time settlement that was offered by the respondents. The request made by the petitioner is seen accepted in Ext.P4 and the petitioner is required to pay the amount before 15th of March, 2008. 2. Petitioner contends that in Ext.P4 revenue recovery charges also have been demanded. This objection of the petitioner is valid for the reason that revenue recovery charges can be collected only if the amount in default is recovered employing the machinery provided by the Revenue Recovery Act. In this case, there is no such recovery and the payment has been made on the basis of the one time settlement scheme. In such circumstances, neither the Corporation nor the State can claim revenue recovery charges. Therefore, in case the petitioner makes payment of the dues as demanded in Ext.P4, excluding the revenue recovery charges, WP(C) 8111/08 Page numbers before 15th of March, 2008, his liability will stand settled. Therefore, this writ petition is disposed of with the aforesaid directions. ANTONY DOMINIC, JUDGE mt/-