IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 30123 of 2009(I) ------------------------------------- PETITIONER: ------------------- RAMACHANDRAN NAIR, AGED 44, S/O.MADHAVAN PILLAI, POOVAM VEEDU, ETTIRUTHY, KALATHUMMAL, KATTAKADA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.R.T.PRADEEP, SRI.S.V.PREMAKUMARAN NAIR. RESPONDENTS: ------------------------ 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA. 2. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REP. BY ITS SECRETARY, OFFICE OF THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, R2 BY SRI. K.P. HARISH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. R. RAMACHANDRA MENON, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 30123 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of July, 2010 JUDGMENT Petitioner availed a loan of Rs.4,47,000/- from the respondent Board on 21-4-1997 to start a 'curry powder unit' namely “K.M.P. Curry Powder”, agreeing to repay the amount by way of instalments as specified. The fact remains that the repayment could not be effected on time, as scheduled. After completing the formalities, the respondent Board proceeded with steps, resorting to remedy under the Revenue Recovery Act. The petitioner is now before this Court challenging the steps taken by the respondent Board under the Revenue Recovery Act. 2. The main prayer in this writ petition is to direct the respondents to allow the petitioner to pay off the outstanding in instalments, after deducting the margin money, and giving credit to the payments made hither to. 3. The margin money, as pointed out by the petitioner in the opening paragraph in the writ petition, is only W.P.(C) No. 30123/2009 2 Rs.1,11,000/- and the second respondent Board has field a statement giving the facts and figures, where the actual liability has been shown as Rs.7,16,343/-, making it clear that the margin money has already been set off. It is also pointed out that the petitioner would be entitled to have some other benefits as well, if the amounts were satisfied before 31-12-209 in a lump sum, resulting in waiver of Rs.61,030/- towards the penal interest. It is stated that, in spite of giving intimation to avail the benefit, the same was ignored by the petitioner and that the respondents are justified in proceeding against the petitioner, in the above context. 4. During the course of hearing, learned standing counsel for the respondent Board fairly brought it to the notice of this Court that the Government has declared the benefit of 'OTS scheme' again and that the petitioner is very much entitled to have the benefit till 30-9-2010. It is stated that, in spite of total liability of the petitioner coming to an extent of Rs.7,16,343/-, the actual liability to be cleared by W.P.(C) No. 30123/2009 3 the petitioner availing the benefit of OTS is only Rs.4,81,543 as on 31-09-2010. 5. In the above circumstances, the petitioner is permitted to clear the liability under the OTS, on filing the requisite application in this regard, satisfying the requirements in terms of the Scheme on or before 30-9- 2010. The coercive steps shall be kept in abeyance for the time being. It is made clear that if any default is committed by the petitioner in clearing the liability as above, the respondent Board will be at liberty to proceed with further steps for realization of the entire amount in a lump sum. The writ petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE. mn.