IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 RP.No. 929 of 2010() --------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.901/2007 Dated 17/08/2010 .................... REVIEW PETITIONER(S): RESPONDENT NOS.1 AND 2 IN W.P.(C) ---------------------------------------------------------------------------- 1. THE MANAGING DIRECTOR,KERALA STATE FINANCIAL ENTERPRISES LTD.,BHADRATA, MUSEUM ROAD,THRISSUR. 2. THE BRANCH MANAGER,KERALA STATE FINANCIAL ENTERPRISES LTD.,PALARIVATTOM BRANCH. BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. RESPONDENT(S): PETITI0NER AND RESPONDENT NO.3 IN W.P.(C) ----------------------------------------------------------------------------- 1. S.ABHILASH,S/O.LAKSHMANAN,AGED 34 YEARS, MAMALA.P.O.,THIRUVANIYOOR VILLAGE,KUNNATHUNADU TALUK,ERNAKULAM DISTRICT,(PRESENT ADRESS, C/O.MOHANDAS,ADVOCATE,NEDUMCHALIL BUILDING, MULLASSERY CANAL ROAD,COCHIN-11. 2. SPECIAL DEPUTY TAHSILDAR(R) KSFE LTD,ERNAKULAM. R1 BY ADV. SRI.P.PEETHAMBARAN R2 BY GOVT.PLEADER SRI.ANTONY MUKKATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/11/2010, ALONG WITH WPC. NO. 901/2007 AND WPC NO. 25828 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ S. SIRI JAGAN, J. ------------------------------------------- R.P.NO.929/10, W.P.(C) Nos.901 /07 & 25828 of 2010 --------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT W.P.(C)No.901/2007 was filed by the petitioner on the ground that despite paying off the loan amounts due from the predecessor-in-interest of the petitioner to the Kerala State Financial Enterprises Ltd., the title deeds of the property now purchased by the petitioner from the predecessor-in-interest is not being returned to the petitioner by the KSFE. Originally, by judgment dated 17.8.2010, I disposed of the writ petition with a direction to the respondents to return the title deed of the property covered by Ext.P2 in that writ petition to the petitioner within a period of one month from the date of receipt of a copy of that judgment, in view of the admission made by the learned counsel for the KSFE that the entire loan amounts due, for payment of which the property was mortgaged to the KSFE, have already been paid. Now, the review petition has been filed by the KSFE on the ground that still the liability in respect of the R.P.No.929/02,W.P.(C)Nos.901/07 &25828/10 2 collection charges is pending and the revenue authorities are demanding the same from the KSFE. W.P.(C)No.25828/10 is filed by another purchaser of identical property mortgaged to the Kerala State Financial Enterprises Limited seeking a direction to the KSFE to release the title deed in respect of the said property. In both cases, it is admitted by the KSFE that the amounts due to them have been paid off. Their only contention is that the collection charges are being demanded by the revenue authorities from them which also have to be paid by the mortgager or the successor- in-interest of the property. In view of the fact that the collection charges are due to the State, the State of Kerala was made a party in W.P. (C)No.25828/10. 2. The learned Government Pleader would contend that either the KSFE or the defaulters have to pay the collection charges to the State as per the Kerala Revenue Recovery Act. 3. I have considered the rival contentions in detail. The question as to the liability of defaulters in payment of loan amounts due to institutions notified under Section 17 of the R.P.No.929/02,W.P.(C)Nos.901/07 &25828/10 3 Kerala Revenue Recovery Act, to pay the collection charges to the State has been the subject matter of a writ petition and writ appeal, which was finally decided by a Division Bench of this Court in Deputy Tahsildar(R.R)K.F.C. and others v. Vijaya Builders and others [ILR 2009(4) Kerala 320], wherein the Division Bench has held that only 1% can be levied towards collection charges, unless the amounts had been actually collected utilising the Government machinery. The petitioners submit that they are prepared to pay the collection charges as per the said Division Bench decision In the above circumstances, R.P.No.929/10 is allowed and the judgment dated 17.8.2010 in W.P.(C)No.901/2007 is recalled. The writ petitions are disposed of with a direction to the KSFE to release the title deeds of the property to the petitioners, on the petitioners paying collection charges also as per the above said Division Bench decision, within one week from the date of payment. The KSFE shall intimate the petitioners the amount payable towards collection charges as above within one week from the date of receipt of a copy of this judgment. I also make it cleat that it would be open to R.P.No.929/02,W.P.(C)Nos.901/07 &25828/10 4 the petitioners to approach the KSFE for One Time Settlement, the eligibility for which shall also be considered by the KSFE appropriately. S. SIRI JAGAN, JUDGE acd R.P.No.929/02,W.P.(C)Nos.901/07 &25828/10 5