IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 15716 of 2006(U) -------------------------- PETITIONER(S): --------------- 1. AMBUJAKSHI AMMA, NJARAKKAT HOUSE, POIKATTUSSERY, CHENGAMANADU P.O. ERNAKULAM DISTRICT. 2. NARAYANANNAIR, NJARAKKAT HOUSE, POIKATTUSSERY, CHENGMANADU .O. ERNAKULAM DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR, (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM. 2. THE MANAGER, KERALA FINANCIAL CORPROATION, KALOOR BRANCH, ERNAKULAM. 3. JOLLY VINCENT, W/O.LATE VINCENT, 192, GIRI NAGAR, COCHIN 20. 4. RAJI VINCENT, D/O.LATE VINCENT, 192, GIRI NAGAR, KOCHI 20. 5. ANUP VINCENT, D/O.LATE VINCENT, 192, GIRI NAGAR, COCHIN 20. R1 BY G.P. SRI. L.G. SURESH R2 BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC R3 TO R5 BY ADV. SRI.P.M.MOHAMMED SHIRAZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOCOPY OF THE RECEIPTS DATED 30.5.1985 ISSUED BY LATE VINCENT. EXT.P2 PHOTOCOPY OF THE RECEIPT ISSUED BY SRI VINCENT ON 19.2.1995 EXT.P3 PHOTOCOPY OF THE DEMAND NOTICE ISSUED BY KFC ON 31.1.2001 EXT.P4 PHOTOCOPY OF THE RECEIPT DATED 28.3.2000 EXT.P5 PHOTOCOPY OF THE RECEIPT DATED 2.8.2000 EXT.P6 PHOTOCOPY OF THE RECEIPT DATED 12.12.2000 EXT.P7 PHOTOCOPY OF THE RECEIPT DATED 5.2.2001 EXT.P8 PHOTOCOPY OF THE SALE NOTICE ISSUED BY THE FIRST RESPONDENT. EXT.P9 PHOTOCOPY OF THE SALE NOTICE ISSUED BY THE FIRST RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) TRUE PHOTOSTAT COPY OF THE AGREEMENT DATED 7.2.1985 EXECUTED BY THE PETITIONERS AND OTHERS. EXT.R2(b) TRUE PHOTOSTAT COPY OF THE CONFIRMATION LETTER DATED 18.2.1985 SIGNED BY THE PETITIONERS AND OTHERS. EXT.R2(c) TRUE PHOTOSTAT COPY OF THE REQUEST FOR REVENUE RECOVERY DATED ; 5.6.1999 ADDRESSED TO THE DISTRICT COLLECTOR. EXT.R2(d) TRUE PHOTOSTAT COPY OF THE AFFIDAVIT DATED 19.2.1985 SWORN TO BY THE PETITIONERS AND OTHERS. EXT.R2(e) TRUE PHOTOSTAT COPY OF THE DECLARATION DATED 19.2.1985 SIGNED BY THE PETITIONERS AND OTHERS. EXT.R2(f) TRUE PHOTOSTAT COPY OF LETTER DATED 8.9.2004 SENT BY THE PETITIONERS TO THE 2ND RESPONDENT. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 15716 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Since standing counsel for KFC submitted that arrears are cleared under OTS scheme and recovery proceedings are not withdrawn for non-payment of collection charges under Rule 5 of the RR Rules, W.P. is closed directing respondents 1 and 2 to withdraw recovery proceedings without recovering any collection charges, if payments are made under OTS scheme voluntarily by the defaulters. (C.N. RAMACHANDRAN NAIR) Judge kk 2