IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10689 of 2008(V) -------------------------- PETITIONER: ------------ N.L.JOSE, AGED 53 YEARS, S/O.LONAPPAN, NELLISSERY HOUSE, DEVAGIRI, AAAPARA P.O. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ------------- 1. THE CHIEF MANAGER , KERALA FINANCIAL CORPORATION, BRANCH OFFICER, KALOOR, KOCHI. 2. THE DEPUTY TAHSILDAR (RR), ALUVA. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10689 OF 2008 -------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Since petitioner has cleared the entire liability under the OTS scheme, there is no scope for recovery of collection charges under Rule 5 of the RR Act. W.P. is therefore disposed of directing the respondents to withhold demand for collection charges if recovery is not made in recovery proceedings. KFC will release the title deeds to the petitioner as it is not liable to pay collection charges, if recovery is not made through revenue recovery proceedings. (C.N. RAMACHANDRAN NAIR) Judge kk 2