IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 5703 of 2005(D) ------------------------- PETITIONER: ------------ J. ANTONY, REETHA HOME, JOHNSON'S LANE, KATTAKKADA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LTD., THRISSUR, REPRESENTED BY ITS REGIONAL MANAGER. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY NEDUMANGAD. BY ADV. SRI M K CHANDRAMOHAN DAS GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5703/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE ISSUED IN FORM 1 UNDER THE PROVISIONS CONTAINED IN SECTION 7 AND 34 OF THE REVENUE RECOVERY ACT BY THE 2ND RESPONDENT DATED 10/04/2002. P2 : COPY OF THE NOTICE ISSUED IN FORM 10 UNDER THE PROVISIONS CONTAINED IN SECTION 7 AND 34 OF THE REVENUE RECOVERY ACT BY R2. P3 : COPY OF THE RECEIPT DATED 20/01/2003. P4 : COPY OF THE RECEIPT DATED 20/03/2003. P5 : COPY OF THE RECEIPT DATED 28/08/2003. P6 : COPY OF THE RECEIPT DATED 26/12/2003. P7 : COPY OF THE RECEIPT DATED 10/10/1986. P8 : COPY OF THE PETITION FILED BY PETITIONER DATED 02/07/2003 BEFORE R1. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.5703 of 2005 --------------------------------- Dated, this the 28th day of July, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears due to 1st respondent Corporation. Petitioner's case is that a loan of rupees five thousand was taken by his sister in 1979 and he stood as surety. Even though the loan was repayable in five years, revenue recovery is initiated 18 years after the date of default. After recovery was initiated, defaulter and the petitioner paid Rs.6,500/-. Even though the limitation would have saved the petitioner, I feel aknowledgment of debt through part payment probably saves the limitation. In any case, the total irresponsibility shown by the 1st respondent in recovering the arrears in time should not lead to mounting interest on a small loan on petitioner and the borrower. In the circumstances, I dispose of the writ petition by reducing the balance liability payable by petitioner to Rs.3,500/- i.e. the loan amount together with equal amount towards interest to settle arrears. If petitioner pays Rs.3,500/- within six weeks from today, there will be direction to respondents to waive the balance loan amount. No collection charges also should be recovered from petitioner, if petitioner makes payment as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg