IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 13578 of 2006(N) -------------------------------------- PETITIONER: ------------------ M.A.VIJAYANATHAN PILLAI, KUNNATHUMANA HOUSE, SANTHI NAGAR, SREEMOOLANAGARAM, ERNAKULAM 683 580. BY ADV. SRI.C.A.MAJEED SRI.SHAJAHAN P.M. RESPONDENTS: ----------------------- 1. THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, FINANCE TOWER, KALOOR, KOCHI 682 017, REPRESENTED BY ITS BRANCH MANAGER. 3. THE DEPUTY TAHSILDAR, (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R3 ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13578/2006-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 31/03/2005. EXT.P2: COPY OF THE LETTER DATED 01/09/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE RECEIPT DATED 29/10/2005 ISSUED BY THE RESPONDENT ACKNOWLEDGING RECEIPT OF Rs.5,25,000/-. EXT.P4: COPY OF THE RECEIPT DATED 17/03/2006 ISSUED BY THE RESPONDENT ACKNOWLEDGING RECEIPT OF Rs.1,23,122/-. EXT.P5: COPY OF THE RECEIPT DATED 07/04/2006 ISSUED BY THE RESPONDENT ACKNOWLEDGING RECEIPT OF Rs.3,400/-. EXT.P6: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 17/04/2006. EXT.P7: COPY OF THE JUDGMENT DATED 05/05/2006 IN W.P.(C). NO. 11753/2006. EXT.P8: COPY OF THE CHELLAN DATED 11/07/2006 ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 02/08/2006 IN W.A.1350/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.13578 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the recovery steps initiated by the first respondent-Corporation. In view of the intervening developments, the surviving grievance is only with regard to collection charges. According to the petitioner, since he has remitted the amount directly to the Corporation even before coercive steps under the Kerala Revenue Recovery Act, he is not liable to pay collection charges. That aspect is covered in favour of the petitioner by the decision of this Court in Bhaskaran vs. Sub Registrar (2005(3)KLT 150). 2. Therefore, there will be a direction to the respondents to refund the collection charges, if any, collected from the petitioner within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 13578 OF 2006 J U D G M E N T 24.09.2008