IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4667 of 2008(E) ------------------------- PETITIONER: ------------ M.S.SHIJU, MOONJELY HOUSE, EZHATTUMUGHAM P.O., ANGAMALY. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, IST FLOOR, FINANCE TOWERS, KALOOR, REP. BY ITS CHIEF MANAGER. 3. 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 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =================== W.P.(C) NO.4667 OF 2008 E =========================== Dated this the 8 th day of February, 2008 J U D G M E N T Petitioner was a defaulter to the respondent Corporation. On an application made by him, he was allowed the benefit of One Time Settlement Scheme and it is now contended that the entire amount demanded has also been paid. However for the reason that revenue recovery charges are not paid, the documents deposited by the petitioner have not been returned. 2. From Ext.P3 itself, it is evident that whole amount has been paid directly by the petitioner availing of the benefit of OTS Scheme. If that be so, the respondents cannot contend that recovery was by taking recourse to the provisions under the Revenue Recovery Act. Since this is the position, I do not think that the petitioner can be made liable for the revenue recovery charges. WPC 4667/08 :2 : In view of this, I dispose of this writ petition directing that the petitioner shall not be made liable for the recovery charges demanded in Ext.P3 and if the entire amount due in Ext.P3 excluding the revenue recovery charges have been received by the respondents, the respondents shall release the documents deposited by the petitioner forthwith on production of a copy of this judgment. ANTONY DOMINIC,JUDGE. Rp