IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4612 of 2008(Y) ----------------------- PETITIONER: ----------- K.A.POULOSE, KURUPPAN HOUSE, NAYATHODE P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENTS: ------------- 1. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, 1ST FLOOR, FINANCE TOWERS, KALOOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (R.R.), KERALA FINANCIAL CORPORATION, ERNAKULAM-682 017. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO.4612 OF 2008 Y =========================== Dated this the 8 th day of February, 2008 J U D G M E N T Petitioner is a defaulter to the respondent Corporation. On an application made by the petitioner for availing of the benefit of One Time Settlement Scheme, the Corporation issued Ext.P1 permitting the petitioner to pay the amount indicated therein in full and final settlement of the entire dues. However the petitioner was also called upon to pay revenue recovery charges and it is challenging that requirement of Ext.P1, this writ petition has been filed. 2. Since the liability of the petitioner has been settled in OTS, it cannot be argued that amount has been realised by utilising the machinery provided for under the Revenue Recovery Act. If that be so, the revenue recovery charges cannot be levied from the petitioner. The learned counsel for the Corporation, though made an WPC 4612/08 :2 : attempt to sustain the demand, he could not succeed in his endeavour. Therefore, I dispose of this writ petition directing that if the petitioner remits amount indicted in Ext.P1 excluding revenue recovery charges before 28/2/08, the same will be accepted by the respondents in full discharge of the petitioner's liability. ANTONY DOMINIC,JUDGE. Rp