IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 24551 of 2009(L) -------------------------- PETITIONER: --------------- SHERIN S.P, S/P.N.S.PASANNAKUMAR “DWARAKA”, T.C.24/1296, THYCAUD P.O, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. THE TAHSILDAR, THIRUVANANTHAPURAM 3. THE VILLAGE OFFICER, THYCAUD, THIRUVANANTHAPURAM. 4. JESSY RAMESH, T.C.9/2376, (1) (C-18), SREERANGAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. ADV. SRI.SUBHASH CYRIAC FOR R4 GOVERNMENT PLEADER SRI.MATHEW VADAKKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: 1. EXT.P1: COPY OF THE ORDER DTD.14.3.2008 2. EXT.P2: COPY OF THE CERTIFICATE DTD.22.4.2009 3. EXT.P3: COPY OF THE DEMAND NOTICE DTD.23.7.2009 4. EXT.P4: COPY OF THE DEMAND NOTICE DTD.23.7.2009 5. EXT.P5: COPY OF THE REPRESENTATION DTD.19.8.2009 RESPONDENT'S EXHIBITS: ANNEXURE R2(A): THE EXTRACT OF THE THANDAPER REGISTER OF THYCAUD VILLAGE OFFICER, THIRUVANANTHAPURAM TALUK //TRUE COPY// P.A TO JUDGE P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.24551 of 2009 ------------------------------ Dated this the 18th day of January, 2010. J U D G M E N T The petitioner was an accused in S.T.No.2270 of 2005 before the Judicial First Class Magistrate's Court, Thiruvananthapuram, which is a case filed by the complainant invoking the provisions under Section 138 of the Negotiable Instruments Act. On conclusion of trial, the petitioner was found guilty and sentenced to undergo simple imprisonment and with fine; which was subsequently modified in appeal making the simple imprisonment till rising of the court and to pay Rs.15,50,000/- as compensation. Though the petitioner preferred a revision petition before this Court, no interference was made, but for permitting the petitioner to satisfy the compensation within eight months. But since the petitioner could not effect the payment, he was sent to the Central Prison, Thiruvananthapuram on 21.12.2008 and was released on 20.2.2009 after the expiry of the sentence as borne by Ext.P2. It was thereafter, that the recovery proceedings were pursued against W.P(C) No.24551 of 2009 : 2 : him invoking the provisions under the Revenue Recovery Act, as borne by Exts.P3 and P4, which are subjected to challenge in this Writ Petition stating that the petitioner having chosen to undergo imprisonment for default, no recovery was possible. 2. During the pendency of the above proceedings, it is seen that the matter was settled between the parties in the Lok Adalath held on 21.12.2009, whereby the petitioner agreed to pay the sum of Rs.15,00,000/- over and above Rs.25,000/- already paid. After recording the statement as above, the matter is posted before this Court since appropriate orders are to be passed in respect of the revenue recovery proceedings already initiated. 3. The learned counsel for the petitioner submits that the revenue recovery proceedings are not withdrawn by the concerned authorities, notwithstanding the satisfaction of the liability, stating that the petitioner is still to satisfy the collection charges at the rate of 7.5%. The learned counsel submits that since the petitioner has chosen to clear the liability directly, no collection charges are payable. 4. Heard the learned Government Pleader as well. 5. The rights and liberties of the parties with regard to the W.P(C) No.24551 of 2009 : 3 : collection charges stand settled by virtue of the decision rendered by the Division Bench of this Court in Malabar Organics Ltd. Vs. State of Kerala (2009(4) KLT 328), wherein it has been held with specific reference to the amended Rule 5(1) of the Kerala Revenue Recovery Act that, in cases where the payment is effected directly, the defaulter is liable to pay the collection charges at the rate of '1%'. As such, the petitioner will be liable to pay the collection charges only at the rate of 1% and not at the rate of 7.5%. The liability in this regard shall be cleared by the petitioner within one month from the date of receipt of a copy of this judgment. On satisfaction of the liability as above, all the revenue recovery proceedings states as being pursued against the petitioner shall stand dropped. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab