IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 30159 of 2008(M) --------------------------------------- PETITIONER(S): ----------------------- PATHIRAMANAL HOTEL AND RESORTS PVT LTD., PROJECT OFFICE M/S. V.Z. JOB, VAIKKATTU HOUSE, KALLAN ROAD, ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR V.J. ALEXANDER. BY ADV. MR.JOMY GEORGE, MR.LITHIN THOMAS. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT, CORPORATION LTD., KESTON ROAD, KAVADIYUR, THIRUVANATHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. DISTRICT COLLECTOR, ALAPPUZHA. R1 & R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. R2 BY MR.M.PATHROSE MATTHAI, SENIOR ADVOCATE, ADV. MR.SAJI VARGHESE, MR.P.THOMAS GEEVERGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30159/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 4TH OCTOBER 2005. EXT.P2: COPY OF THE LETTER SENT BY THE PETITIONER ON 16/11/2005. EXT.P3: COPY OF THE JUDGMENT DATED 19/07/2006 IN REVIEW PETITION NO.64/2006 IN WP(C) NO. 7511/2002. EXT.P4: COPY OF THE LETTER DATED 02/03/2007 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 26/02/2007 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 20/07/2007 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P7: COPY OF THE RECEIPT ISSUED BY THE POSTAL AUTHORITIES EVIDENCING THAT EXHIBIT P6 LETTER WAS SENT BY REGISTERED POST. EXT.P8: COPY OF THE REPRESENTATION DATED 10/09/2008. EXT.P9: COPY OF THE ORDER DATED 04/11/2005 RELIED ON BY THE 3RD RESPONDENT FOR DISALLOWING THE CLAIM OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30159 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT 1.The petitioner had availed certain facilities from the KSIDC, the second respondent. On account of certain claims filed against the petitioner by the second respondent, revenue recovery proceedings were taken and the same was being enforced. In the meanwhile, the petitioner availed the benefit of One Time Settlement scheme. Recoveries were effected and the KSIDC had passed over the funds to the State Government. It appears that the revenue recovery rules were thereafter amended providing essentially discount in the matter of recovery charges in cases where settlements are arrived at and OTS are also utilised. The plea of the petitioner is that it is, therefore, entitled to refund of certain amounts which were recovered as recovery charges. WPC.30159/08 2 2.This is a matter that has to be worked out within the framework of the Revenue Recovery Act and Rules. Not only that, the KSIDC has come on record with a counter affidavit stating that it is not liable to pay from its pocket and that the fund, if any, generated as recovery charges have been passed on to the State Government. Obviously therefore, the petitioner has to work out his remedy with the Revenue Recovery Authorities in the State Government. 3.In the aforesaid circumstances, this writ petition is ordered, leaving open all contentions, directing that on the petitioner making appropriate representation to the State of Kerala or the Land Revenue Commissioner, as the case may be, the petitioner and the second respondent would be heard. A decision shall be taken as to whether the petitioner is entitled to refund of any portion of the revenue recovery charges, after looking into the matter through a competent officer. The Government, if it finds that the petitioner is entitled to such WPC.30159/08 3 relief, would release such amounts in accordance with law. Let this exercise be carried out within four months from the date of receipt of the representation of the petitioner in the aforesaid regard and a copy of this judgment. All other issues on merits are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.08/02.