IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 18340 of 2010(N) ----------------------------------------- PETITIONER(S): ------------------------- T.J. JOSE, THERMADAM HOUSE, CHEMBUTHARA, PATTIKKAD, THRISSUR. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ---------------------------- 1. THE KERALA FINANCIAL CORPORATION, THRISSUR, REPRESENTED BY ITS CHIEF MANAGER. 2. THE SPECIAL TAHSILDAR (LA), N.H.D.P UNIT NO.3, THRISSUR DISTRICT. 3. THE SPECIAL TAHSILDR (RR), KFC, THRISSUR DISTRICT. 4. NATIONAL HIGHWAY AUTHORITY OF INDIA, OFFICE OF THE PROJECT DIRECTOR, NO. 8/1187, ARUMUGAN COLONY, CHANDRANAGAR, PALAKKAD. R1 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC R2 &R3 BY SR. GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL R4 BY ADV. SRI.THOMAS ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 18340 OF 2010 -------------------------------------------- Dated this the 28th day of June, 2010 JUDGMENT The petitioner is challenging the steps taken by the respondent Kerala Financial Corporation for realisation of the amount due under a loan transaction. The case of the petitioner is that, the petitioner has already approached the KFC for availing the benefit of 'OTS' and eventhough the amounts liable to be paid to the petitioner by the 2nd respondent on acquisition of the property is brought to the notice of the respondent Corporation, they insist for a payment of Rs.5,24,000/- for considering the application for benefit of 'OTS', which made the petitioner to approach this Court. 2. The learned counsel for the petitioner, with reference to Ext.P5 submitted before the 2nd respondent submits that, he has already made request to transfer the requisite amount Rs.5,24,000/- as 'OTS' advance as directly to the KFC, Thrissur, which is still to be acted upon. The petitioner has filed a fresh petition (I.A. 8329/2010) stating that, pursuant to the request made by the petitioner, the respondent Corporation considered the request under the ‘compromise settlement scheme’ and the petitioner has been directed to satisfy a sum of Rs.1.5 lakhs for considering the application. This amount is sought to be disbursed/released by giving necessary direction to the 2nd respondent, for effecting payment directly to the KFC. 3. The learned Government Pleader appearing for the respondents 2 WP(C) No. 18340/2010 submits on instructions that, pursuant to the acquisition proceedings finalised, a total sum of nearly Rs.67,47,035/- is due to be paid to the petitioner, out of which, a sum of Rs.6,94,945/- is liable to be deducted as TDS. The liability of the KFC has been brought to the notice of the 2nd respondent to an extent of Rs.54,30,309/-. It is further stated that the Tahsildar, Thrissur has informed the 2nd respondent that, a sum of Rs.1,37,916/- is due from the petitioner towards ‘labour arrears’ and more than Rs.30,000/- is due in respect of ‘building tax’ arrears; thus taking the total liability to Rs.55,98,825/-. It is also stated that, in spite of giving different communications to the petitioner at different points of time, to give written consent to disburse all the above liabilities, the petitioner is still to submit the same, which hence is stated as the reason for the delay with regard to the disbursement of the balance amount. 4. The learned counsel for the petitioner submits that, he has already given Ext.P5 consent before the 2nd respondent to set off the liability. Going by the contents of Ext.P5, it only seeks for the transfer of the amounts specifically mentioned in paragraph 3, which does not cover the entire liability as mentioned above. The learned standing counsel for the Corporation submits that, the liability of the petitioner as on 16.06.2010 is Rs.58,40,134/- with further interest and cost. In any view of the matter, the fact remains that the 2nd respondent is ready and willing to disburse the due amount to the persons named by the petitioner, subject to the liability as above. 3 WP(C) No. 18340/2010 5. In the above circumstance, there will be a direction to the 2nd respondent to disburse a sum of Rs.5,24,000/- as stated in Ext.P2 communication issued by the KFC to consider the application of the petitioner for extending the benefit of ‘OTS’/‘CSS’, as the case may be. The amount as above shall be released by the 2nd respondent, directly to the 1st respondent, within one week from the date of receipt of a copy of this judgment. On receipt of the amount as above, the application preferred by the petitioner for the benefit of ‘OTS’/‘CSS’ shall be considered and the balance liability to be cleared by the petitioner shall be let known to the petitioner as well as the 2nd respondent, on which event, the requisite amount as above left at the hands of the 2nd respondent shall be released directly to the KFC, with proper intimation to the petitioner. The petitioner shall give the consent in writing before the 2nd respondent, with regard to the other liabilities as mentioned above; on which event, the 2nd respondent will be free to clear the same and the balance amount shall be disbursed to the petitioner as expeditiously as possible, at any rate, within one month from the date of giving the written consent as above. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc