IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 18912 of 2006(B) -------------------------- PETITIONER(S): --------------- ABIDA BEEBI, AGED 52, D/O.KULSONBEEVI, THANZEER MANZIL, ANANDESWARAM, CHEMPAZHANTHY.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. THE SECRETARY, KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM. 2. THE DEPUTY TAHSILDAR (RR), OFFICE OF THE DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, VALIYAZHATHURA VILLAGE. R2&3 BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF R.R. NOTICE DT.30.12.04. P2: TRUE COPY OF RECEIPT DT.19.5.2005 REGARDING REMITTANCE. P3: .DO. DT.16.8.2005 .DO. P4: .DO. DT.29.9.2005 .DO. P5: .DO. DT.25.11.2006 .DO. P6: TRUE COPY OF REPRESENTATION DT.2.5.06 BEFORE THE RESPONDENTS. P7: TRUE COPY OF JUDGMENT DT.23.5.2005 IN W.P.(C) NO.12678/2006 OF THIS HON'BLE COURT. P8: TRUE COPY OF DECISION DT.14.7.2006 BY THE KHADI BOARD. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.18912 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT W.P.(C) is filed challenging orders issued by the Khadi Board refusing to waive penal interest and collection charges. According to the petitioner, contract rate of interest itself is 12.75% and the industry was not successful. I do not think as a matter of right petitioner can demand waiver of penal interest because penal interest happened to be levied only on account of default. So far as collection charges is concerned, it is a statutory levy which arises only if petitioner fails to make payment leading to revenue recovery by Recovery Authorities. Interim order granted by the learned Single Judge was modified by the Division Bench authorising payment of only admitted amount, which according to the petitioner was remitted on 7.8.2006. Even though petitioner cannot press for waiver of penal interest or collection charges as a matter of right, having regard to the payment made by the petitioner and since contract interest payable itself is 12.75%, I feel some relief can be granted to the petitioner. Consequently I reduce the penal interest to 2% provided petitioner clears the balance arrears before 30.9.2009. So far as collection charges is concerned, there is no need 2 to recover the same, if petitioner settles liability by making payment voluntarily. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms