IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 22509 of 2008(D) -------------------------- PETITIONER: --------------- V.P. JOHN, VADAKKANCHERY HOUSE, POWER HOUSE ROAD, ALUVA. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN RESPONDENTS: --------------- 1. KERALA STATE FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. KERALA STATE FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGER, 1ST FLOOR, FINANCE TOWER, KALOOR, ERNAKULAM, KOCHI -17. 3. DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADDL.ADVOCATE GENERAL SRI.RENJITH THAMPAN ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HERARD ON 24/06/2009, ALONG WITH W.P.(C)No.14323/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22509 of 2008(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 21-11-2007. EXT.P2. TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 12-12-2007. EXT.P3. TRUE COPY OF THE LETTER GIVEN BY 2ND RESPONDENT TO THE PETITIONER DATED 3-12-2007 EXT.P4. TRUE COPY OF THE ETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 18-12-2007 EXT.P4(a) TRUE COPY OF THE RECEIPT EVIDENCING REMITTANCE OF RS.5,47,500/- DATED 18-1-2007 EXT.P4(b) TRUE COPY OF THE RECEIPT EVIDENCING REMITTANCE OF RS.15,60,000/- AND RS.50,00,000/- DATED 18-1-2007. EXT.P5. TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 23-2-2008 EXT.P6. TRUE COPY OF THE RECEIPT EVIDENCING REMITTANCE OF RS.1,00,000/- WITH THE 2ND RESPONDENT DATED 26-2-2008 EXT.P6(a) TRUE COPY OF THE RECEIPT EVIDENCING REMITTANCE OF RS.10,365/- WITH THE 2ND RESPONDENT DATED 22-7-2008 EXT.P7. TRUE COPY OF THE PROTEST LETTER GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 22-7-2008 EXT.P8. TRUE COPY OF THE JUDGMENT IN W.P(C)NO.32846/2007 DATED 21-11-2007. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 27-12-2005 IN W.P(C) NO.36537/05 EXT.R1(b) TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 12-6-08 IN W.P(C) NO.36537/05. / TRUE COPY / P.S.TO JUDGE S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.22509 of 2008 & W.P(C)No.14323 of 2009 -------------------------------------------------- Dated this the 24th day of June, 2009 JUDGMENT Kurian Joseph,J. The issue raised in these writ petitions pertains to the demand for collection charges. It is submitted that apart from the initial notice demanding arrears under the provisions of the Kerala Revenue Recovery Act no further steps have been taken. If that be the position, we do not find any justification in demanding the collection charges, except the charge mentioned under the Table to Rule 4 of the Kerala Revenue Recovery Rules. Therefore, these writ petitions are disposed of making it clear that the demand for collection charges shall be limited to the cost for the demand notice only. We make it clear that in case any further steps have been taken by the revenue recovery authorities for attachment or sale, this judgment will not W.P(C)No.22509 of 2008 & W.P(C)No.14323 of 2009 -:2:- stand in the way of the respondents in recovering the charges in accordance with law. In case collection charges have been otherwise recovered from the petitioners, the same shall be refunded to them forthwith. Needless also to say that the documents, if any, withheld will also be returned to them. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.22509 of 2008 & W.P(C)No.14323 of 2009 ---------------------------- JUDGMENT 24th June, 2009