IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 5543 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ T.T.RAJENDRAN NAIR, THEVALAKULATHU HOUSE, THELLIYOOR P.O., VENNIKULAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------------------- 1. KERALA STATE FINANCE CORPORATION, VELLAYAMBALAM, TRIVANDRUM - 33, REPRESENTED BY ITS MANAGING DIRECATOR. 2. THE DISTRICT MANAGER, KERALA FINANCIAL CORPORATION, COLLEGE ROAD, PATHANAMTHITTA-689 645. 3. DEPUTY TAHSILDAR, REVENUE RECOVERY, KFC, PATHANAMTHITTA. BY ADV. SRI.A.A.ABUL HASSAN, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5543/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MAHAZAR DATED 25/8/1998. P2 COPY OF THE LETTER DATED 18/9/1998 BY 2ND RESPONDENT. P3 COPY OF THE LETTER DATED 18/6/99 ISSUED BY RESPONDENT. P4 COPY OF THE LETTER DATED 18/1/00 ISSUED BY RESPONDENT. P5 COPY OF THE JUDGMENT IN O.P.4940/00 DATED 24/3/00 OF THIS HON'BLE COURT. P6 COPY OF THE JUDGMENT IN W.A.NO.1467/00. P7 COPY OF THE LETTER DATED 8/7/09 ISSUED BY FIRST RESPONDENT. P8 COPY OF THE NOTICE UNDER SECTION 7 OF REVENUE RECOVERY ACT DATED 10/1/11. P9 COPY OF THE NOTICE UNDER SECTION 34 DATED 10/1/11. RESPONDENT'S EXHIBITS AND ANNEXURES: ANNEX R1(A) COPY OF THE RR NOTICE NO.BO/PTA/832/2005 DATED 02/12/2005 SENT BY THE 2ND RESPONDENT. ANNEX R1(B) COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RETURNED AS REFUSED. ANNEX R1(C) COPY OF THE STATEMENT OF ACCOUNTS. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 5543 of 2011 ================== Dated this the 18th day of July, 2011 J U D G M E N T The petitioner challenges revenue recovery proceedings initiated by the Kerala State Financial Corporation for realisation of the balance amounts allegedly due from the petitioner in respect of a vehicle loan. The petitioner's contention is that the loan was taken in 1995 and earlier, when revenue recovery proceedings were initiated, the petitioner approached this Court by filing O.P.No.4940/2000, in which, by Ext.P5 judgment, the petitioner was given opportunity to pay off the amounts in instalments. But in the writ appeal filed by the respondents themselves, as is revealed from Ext.P6 judgment, they admitted that the vehicle has been subsequently sold and amounts realised. Therefore, the respondents are estopped from claiming any further amounts from the petitioner is the contention raised. 2. A statement has been filed by the learned standing counsel for the respondents, wherein the contention taken is that as on 17.3.1998 the total amount due was ` 1,64,000/- and on sale of the vehicle in 2002, only an amount of ` 50,829/- was realised and adjusting a further amount of ` 5,000/- paid, balance amounts are due, which with further interest thereon has only been demanded now. 3. The learned counsel for the petitioner submits that these w.p.c.5543/11 2 are self serving submissions and cannot be taken into account in view of Ext.P6 judgment. I am of opinion that these are all disputed questions of fact, which cannot be gone into in a writ petition. Therefore, without prejudice to the right of the petitioner to challenge the demand by the KFC in a suit, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge