IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 30611 of 2009(V) -------------------------------------- PETITIONER(S): ------------------------ M.V.ABDU, S/O.AHAMMEDKUTTY, SHENOJ MANZIL, CHEMMANNOOR, PUNNAYOORKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADVS.MR.G.HARIHARAN MR.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR (RR), CHAVAKKAD, THRISSUR DISTRICT. 2. VILLAGE OFFICER, PUNNAYOORKULAM VILLAGE, PUNNAYOORKULAM, THRISSUR DISTRICT. 3. DISTRICT EXECUTIVE OFFICER, KMTWWF, MALAPPURAM. R1 & R2 BY GOVT. PLEADER MR.A.J.VARGHESE R3 BY ADV. MR.P.RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 30611 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2009 J U D G M E N T 1. Grievance of the petitioner is that inspite of payment of the entire amount due towards the Motor Transport Workers Welfare Fund, the respondents 1 & 2 are now threatening the petitioner with coercive steps demanding collection charges at the rate of 5%, based on the provisions contained in the Kerala Revenue Recovery Act and Rules made thereunder. 2. A Division Bench of this court in Usha Mary Vs. Kerala Financial Corporation and Ors. (2009 (4) KHC 254) and in Malabar Organics Ltd. Vs. State of Kerala (2009 (4) KLT 328) held that the demand for payment of collection charges is sustainable only if the amount is recovered through revenue recovery steps. On the other hand only the cost if any incurred with respect of the items W.P.(C)No. 30611 of 2009 -2- enumerated in Item No. (i) to (vii) in the Table under Rule 4 alone is recoverable. 2. In view of the dictum laid by this court in the ruling cited supra, the respondents are directed to keep in abeyance any coercive steps and to make demand only with respect to the amounts permitted as per the above decision, if due from the petitioner. The writ petition is disposed of with the above observations. C.K. ABDUL REHIM JUDGE shg/