IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 W.P(C).No. 4022 of 2008(D) --------------------------------- PETITIONER: -------------- SMT.SASIKALA RADHAKRISHNAN, KAVALAMPARA HOUSE, PERUMPADANNA, NORTH PARUR. BY ADV. SMT.P.A.REZIYA RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPT., GOVT.SECRETARIAT, TRIVANDRUM. 2. THE KERALA FINANCIAL CORPORATION BRANCH OFFICE, IST FLOOR, FINANCE TOWERS KALOOR REP. BY ITS CHIEF MANAGER. 3. THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, KOCHI-682 017. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO.4022 OF 2008 D =========================== Dated this the 4 th day of February, 2008 J U D G M E N T The prayer sought for in this writ petition is to quash Ext.P3 to the extent it requires the petitioner to remit revenue recovery charges and other expenses. It is a case where the petitioner was a defaulter to the respondents. The amount in default has been fully paid availing of the benefit of One Time Settlement Scheme and that payment is acknowledged by the respondent in Exts. P1 and P2. Thus, it is obvious that recovery has been effected by taking recourse to the provisions of the Revenue Recovery Act. If that be so, petitioner cannot be saddled with the liability to pay any amount towards collection charges. In view of the above, the writ petition will stand disposed of quashing Ext.P3 to the extent it calls upon the petitioner to pay WPC 4022/08 :2 : collection charges under the Revenue Recovery Act. In view of this, it is directed that for release of the documents deposited by the petitioner. payment of collection charges shall not be insisted and documents shall be released to the petitioner. ANTONY DOMINIC,JUDGE. Rp