IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 15824 of 2006(H) -------------------------- PETITIONER(S): --------------- K.V. MOSSES, S/O. VAREED, KARUPPAN HOUSE, M/S. GUDDY CURRY POWDER, NAYATHODE P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, 1ST FLOOR, FINANCE TOWERS, KALOOR, ERNAKULAM. 2. DEPUTY TAHSILDAR (R.R), KERALA FINANCIAL CORPORATION, ERNAKULAM-682 017. *ADDL. R3. THE DISTRICT COLLECTOR, ERNAKULAM. (*ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 24/03/2008 IN I.A.NO.4042/2008) ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15824/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE DATED 21/03/2006 ISSUED BY THE 1ST RESPONDENT. P2 : COPIES OF THE CASH RECEIPTS DATED 29/03/2006 AND 30/03/2006 ISSUED BY THE 1ST RESPONDENT. P3 : COPY OF THE LETTER DATED 17/04/2006 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 15824 of 2006 --------------------------------- Dated, this the 29th day of August, 2008 J U D G M E N T Since petitioner has settled liability voluntarily, and no attachment or sale was effected in recovery proceedings, petitioner is not able to pay any collection charges under Rule 5 of the RR Rules. Consequently, Kerala Financial Corporation and the State are directed not to recover any collection charges from petitioner. The amount deposited by petitioner towards collection charges should be refunded to petitioner after adjusting the costs, if any, incurred including publication cost. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg