IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 W.A.No. 1504 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.1788/2009 Dated 16/01/2009 APPELLANT: -------------- S.K.JAYACHANDRAN, SHEEJA NIVAS, MAMPAZHAKKARA, PERUMPAZHATHUR P.O., NEYYATTINKARA. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENTS: --------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., BADRATHA, P.B.NO.510, MUSEUM ROAD, TRICHUR, REP. BY THE BRANCH MANAGER, NEYYATTINKARA. 2. THE SPECIAL DEPUTY TAHSILDAR(RR), THIRUVANANTHAPURAM. ADV. SRI.T.NAVEEN, STANDING COUNSEL, K.S.F.E. LTD. FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A.NO.1504 OF 2009 --------------------------------------------- Dated this the 12th day of August, 2009 JUDGMENT Kurian Joseph, J The appellant is the petitioner. The appellant is aggrieved by the recovery steps initiated by the Kerala Financial Enterprises Ltd. The learned Single Judge disposed of the Writ Petition directing the petitioner to remit the dues in eight installments. The main grievance is that despite several requests to terminate the chitty and adjust the amount held in the chitty account to the tune of Rs.76,500/-, no steps have been taken by the Financial Enterprises to adjust the same. Counsel for the appellant submits that appellant had not given any written request for termination of the chitty. The learned counsel for the appellant submits that there is no justification for levying the collection charges since the amount had been paid directly to the Financial Enterprises. At any rate, it is submitted that in view of the recent amendment in the Rules under the Kerala Revenue Recovery Act, liability for payment of collection charges is only to the tune of 1%. The third grievance is on the rate of interest. It is also submitted that there is no justification for levying collection charges. W.A.NO.1504 OF 2009 2 There cannot be any room for grievance with respect to the rate of interest as it was actually charged only at the rate of 13.5% as is evident from the statement dated 12.3.2009 filed by the respondents. The petitioner may give a written submission before the Branch Manager within a week from today regarding the termination of the chitty and adjustment of the amount in which case the entire amounts outstanding in chitty amount held towards the liability will be adjusted. On the balance liability, the Financial Enterprises may collect 1% collection charges. The amounts so calculated shall be permitted to be remitted in lump after granting the benefits of any settlement scheme for one time payment. The writ appeal is dismissed. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc