IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 28005 of 2005(H) ------------------------------------- PETITIONERS: ------------------- 1. V.SURESHLAL, S/O.VIDHYADHARAN, NEDUMBAIKULAM, KUNDRA P.O., KOLLAM DIST. 2. P.K.VIDHYADHARAN, SURESH BHAVAN, NEDUMBAIKULAM, KUNDRA P.O., KOLLAM. 3. V.SANDANAVALLY, SURESH BHAVAN, NEDUMBAIKULAM, KUNDRA P.O., KOLLAM. BY ADV. SRI.M.V.THAMBAN SMT.THARA THAMBAN RESPONDENTS: ---------------------- 1. THE KERALA FINANCIAL CORPORATION, HEAD OFFICE AT THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, DISTRICT OFFICE, YMCA BUILDINGS, KOLLAM-1. 3. THE ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION, DISTRICT OFFICE, KOLLAM. ADV. SRI.A.A.ABDUL HASSAN, SC FOR KFC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).28005/2005-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER DATED 22/01/2005. EXT.P2: COPY OF LETTER OF 3RD RESPONDENT DATED 04/02/05. EXT.P3: COPY OF LETTER DATED 10/03/2005 OF RESPONDENT. EXT.P4: COPY OF REPRESENTATION OF 1ST PETITIONER DATED 26/03/2005. EXT.P5: COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P6: COPY OF STATEMENT OF ACCOUNT DATED 28/03/2005 ISSUED BY 2ND RESPONDENT. EXT.P7: COPY OF LETTER OF 2ND RESPONDENT TOT HE 1ST PETITIONER DATED 04/06/2005. EXT.P8: COPY OF THE APPLICATION DATED 22/05/2006 FILED BY THE PETITIONER. EXT.P9: COPY OF THE APPLICATION DATED 22/05/2006 UNDER REGISTERED WITH A/D. EXT.P10; COPY OF THE PETITION DATED 12/06/2006 FILED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR. EXT.P11: COPY OF THE PETITION DATED 16/06/2006 BEFORE THE KERALA STATE INFORMATION COMMISSION, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE ORDER NO.1895/SIC/GEN./2006 DATED 27/06/2006 ISSUED BY THE KERALA STATE INFORMATION COMMISSION. EXT.P13: COPY OF THE REPRESENTATION DATED 26/07/2006. EXT.P14: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT CORPORATION DATED 26/07/2006. EXT.P15: COPY OF THE RECEIPT DATED 11/08/2006 ISSUED BY THE RESPONDENT CORPORATION. EXT.P16: COPY OF THE LETTER FROM THE GENERAL MANAGER OF DIC, KOLLAM TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 28005 of 2005 -------------------------------------------------------- Dated: AUGUST 11, 2008 JUDGMENT The claim raised in this writ petition is for a direction to the 1st respondent to give waiver of 50% of penal interest levied on the petitioners and to refund the same to them. 2. On facts it is seen that the petitioners were defaulters to the 1st respondent Corporation. According to the petitioners, when they made remittance by Ext.P14 demand draft on 26.7.2006, the entire liability that was due to the 1st respondent was discharged. Even thereafter, the title deeds were declined to be released to the petitioners on the ground that a further sum of Rs.4945/- was due from them. 3. This Court passed an order dated 12th December, 2007 directing the petitioners to remit the aforesaid sum and thereupon to release the title deeds. It is now WP(C) 28005/05 2 submitted by the learned counsel for the petitioners that in pursuance to the said order, the amount was remitted and title deeds also have been released. 4. At this stage all that remains is the petitioners' prayer for waiver of 50% of the penal interest levied on them. In paragraph 11 of the counter affidavit dated 17th November 2005 filed by the respondents, it has been stated that out of the amount that is due from the petitioners, Rs.78,258/- was towards penal interest. It is also stated that if the petitioners make remittance of Rs.4,54,615/- and pay interest from 28.10.2005 till date of payment, the respondents are willing to waive 50% of the penal interest. Therefore, necessarily the claim of the petitioners for waiver is a matter for the respondents to consider, taking into account the remittance made by them. 5. The learned standing counsel for the respondents points out that eligibility of the petitioners for waiver will depend upon whether the petitioners have made remittance as required of them in terms of the schedule fixed. This WP(C) 28005/05 3 also is a matter for the 1st respondent to consider. 6. Having regard to the circumstances, I feel that what is appropriate is to direct the petitioners to make a suitable representation to the 1st respondent and to direct the 1st respondent to consider the same and, if admissible, to give effect to the commitment the respondents have made in paragraph 11 of their counter affidavit. Accordingly I dispose of this writ petition directing that the petitioners shall, within four weeks of receipt of a copy of this judgment, make an appropriate application before the 1st respondent claiming benefit of waiver of 50% of the penal interest levied on them and for refund of the same. It is also directed that if such an application is received from the petitioners, the 1st respondent shall deal with the same and pass orders thereon as expeditiously as possible and, at any rate, within six weeks thereafter. ANTONY DOMINIC JUDGE mt/-