IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 11016 of 2010(B) --------------------------------------- PETITIONER: ------------------- KORAMBAYIL PADINHARE PURAYIL FATHIMA, D/O.ABDUL SATHAR, AGED 52 YEARS, RESIDING AT 'FATHIMA MANZIL', PAPPINISSERY P.O, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN. RESPONDENTS: ------------------------ 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, "BHADRATHA", MUSEUM ROAD, THRISSUR. 2. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), THE KERALA STATE FINANCIAL ENTERPRISES, KAOSAR COMPLEX, CALTEX, KANNUR-2. R1 BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J. ------------------------------------ W.P.(C) No.11016 OF 2010 ------------------------------------- Dated this the 23rd day of June, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner has approached this Court challenging the steps taken by the respondents invoking the remedy under the Kerala Revenue Recovery Act for realisation of the amount stated as due under a loan transaction. 2. The respondents have filed a statement stating that a total sum of Rs.2,75,276/- is required so as to wipe off the liability under the loan; simultaneously, adding that it could be regularised as well, if an amount of Rs.1,47,289/- is paid. It is stated therein that the liability is as on 30.4.2010 and the 'overdue interest' itself as on 19.5.2010 will be Rs.93,967/- and the petitioner is liable to pay a further amount of Rs.13,814/- as collection and notice charges (Para 4 of the statement). 3. The learned counsel appearing for the petitioner submits that the contents of the above statement are very much vague and rather contradictory to each other. The learned W.P.(C) No.11016/2010 2 counsel further submits that the petitioner has been given to understand that there is some other Scheme which is called 'Doubling System' enabling the parties concerned to clear the liability making a payment equal to the principal portion. According to the petitioner, the outstanding liability to have the benefit thereunder is only a sum of Rs.1,28,243/-and the petitioner has already approached the 2nd respondent by filing an application in this regard on 16.6.2010. 4. The learned standing counsel appearing for the respondents, on instructions, submits that the Scheme is no more in existence as on date, but, considering the request made by the defaulters, the Government has issued instructions to extend the benefit of the said Scheme to the willing parties and hence that the respondents do not have any objection to extend the benefit thereunder to the petitioner as well. The learned counsel further submits that the actual amount to be satisfied by the petitioner on availing the benefit of the above scheme is Rs.1,54,349/-; that there is no provision for giving any instalment facility and that the liability has to be cleared on 'One Time Settlement' basis. The learned counsel for the petitioner W.P.(C) No.11016/2010 3 submits that two of the payments already effected by the petitioner have not been given credit to and that the petitioner might be given an opportunity to substantiate before the 2nd respondent with reference to the actual facts and figures and that on finalisation of the proceedings as above, the petitioner is ready to clear the entire liability availing the benefit of the said Scheme. 5. In the above circumstances, the 2nd respondent is directed to hear the petitioner as to the fixation of liability under the above Scheme within two weeks from the date of receipt of a copy of this judgment. On communicating the final figures, the petitioner shall satisfy the liability under the above Scheme within a further period of two weeks. Subject to this, the recovery proceedings stated as being pursued by the respondents shall be kept in abeyance for the time being. The Writ Petition is disposed of as above. (P.R.RAMACHANDRA MENON, JUDGE) ps