IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 20730 of 2008(P) -------------------------- PETITIONER(S): --------------- S.THANU PILLAI, S/O.SHANMUGHAN PILLAI TC 38/2746, GOMATHY BHAVAN PASHAYACHALAI, CHALAI, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. KEREALA STATE FINANCIAL ENTERPRISES LTD. REP. BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, THRISSUR. 3. THE REGIONAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES, REGIONAL OFFICE, TRIVANDRUM 4. THE SENIOR MANAGER, KSFE LTD., VAZHUTHACAUD BRANCH, TRIVANDRUM 5. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 6. THE DY.SPL.TAHSILDAR(RR) KSFE, STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD FOR R2-4& 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20730 of 2008(P) APPENDIX PETITIONER'S EXHIBITS: Ext.P1 - TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 32999/03 DT. 21.10.2003 OF THIS COURT. Ext.P2 - TRUE COPY OF THE LETTER DTD. 8.11.03 SUBMITTED BY THE PETITIONER BEFORE THE KSFE TO CONSIDER OTS Ext.P3 - TRUE COPY OF THE NOTICE DTD. 7.5.07. Ext.P4 - TRUE COPY OF LETTER DTD. 8.6.07 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. Ext.P5 - TRUE COPY OF LETTER DTD. 3.8.07 ISSUED BY THE REGIONAL MANAGER, KSFE Ext.P6 - TRUE COPY OF NOTICE DTD. 3.8.07 ISSUED BY THE BRANCH MANAGER, KSFE. Ext.P7 - TRUE COPY OF JUDGMENT DTD 22.11.07 IN W.P(C) NO. 33564/07 OF THIS COURT. Ext.P8 - TRUE COPY OF BANKERS CHEQUE DEPOSTIED BY THE PETITIONER BEFORE THE KSFE. Ext.P9 - TRUE COPY OF LETTER DT. 22.6.2008 ISSUED BY THE RESPONDENTS. Ext.P10 - TRUE COPY OF RECEIPT EVIDENCING THE REMITTANCE OF RS.1,50,575/- BEFORE THE 4TH RESPONDENT. Ext.P11 - TRUE COPY OF NOTICE ISSUED BY THE 6TH RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 20730 of 2008 ................................................. Dated this the 26th day of August, 2009 J U D G M E N T The petitioner defaulted in repayment of loan amounts taken from the 2nd respondent. The respondents initiated proceedings for recovery of the amounts by resort to revenue recovery proceedings. The petitioner paid the amounts due directly to the 2nd respondent. The petitioner approached this court when the 2nd respondent refused to part with the security documents on the ground that the petitioner is bound to pay collection charges as well. At the time of admission I passed the following interim order on 8.8.2008: “The Government Pleader is directed to get instructions as to on what grounds the Revenue authorities are insisting on payment of collection charges in respect of payment by the petitioner directly to the KSFE. Post after two weeks. In the meantime, if the petitioner provides sufficient security for the collection charges demanded, the KSFE shall return the title deeds of the petitioner immediately on furnishing security, provided the KSFE is satisfied that all the amounts due to them are completely paid off.” 2. Pursuant thereto the petitioner paid the collection charges demanded and got release of the security documents. W.P(C) No. 20730 of 2008 -2- The collection charges was recovered from the petitioner at the rate of 5%. The petitioner now seeks a direction to refund the collection charges recovered from him. According to the petitioner, since the amount was not recovered through revenue recovery proceedings, he is not liable to pay collection charges. However, the counsel for the petitioner submits that in view of the decision of the Division Bench of this Court in W.A. No. 1746 of 2009 wherein the Division Bench directed payment of collection charges at the rate of 1%, the petitioner is prepared to suffer 1% of the amount paid by him directly to the 2nd respondent as collection charges. 3. I have heard the learned Government Pleader also. 4. I find that in W.A. No. 1746 of 2009, in some what similar circumstances, the Division Bench directed payment of collection charges at 1%. In view of the same and the willingness expressed by the petitioner to pay 1% as collection charges, I dispose of this writ petition with the following directions: The 2nd respondent shall refund the collection charges recovered from the petitioner, after deducting 1/5 th of the amounts recovered from him as collection charges. The same W.P(C) No. 20730 of 2008 -3- shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE rhs