IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929 WP(C).No. 32756 of 2003(Y) ---------------------------------------- PETITIONER: --------------------- M/S.THREE STAR WOOD INDUSTRIES, CHOUKKY, MAILATTY P.O., KASARGOD DISTRICT, PIN-671 313, REPRESENTED BY SHEIK ADAM SAHEB, MANAGING PARTNER. BY ADV. SRI.T.M.SREEDHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KASARGOD. 3. THE VILLAGE OFFICER, BADADKA, KASARGOD TALUK. BY GOVERNMENT PLEADER SRI. PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32756/2003 Y APPENDIX PETITIONER'S EXHIBIT: EXT.P1: COPY OF THE RECEIPT NO.281456 DTD. 30/06/2003 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss C.N.RAMACHANDRAN NAIR, J. ----------------------------------- WP(C) No. 32756 of 2003 --------------------------------- Dated, this the 20th day of November, 2007 J U D G M E N T The prayer in the writ petition is for a direction to the respondents to refund collection charges of Rs.5,750/-. It is seen from Ext.P1 receipt itself that payment is voluntarily made by the defaulter. In the circumstances, there is no justification for recovery of collection charges under Rule 5 of the RR Rules. This writ petition is, accordingly, allowed directing respondents 2 & 3 to grant refund of Rs.5,750/-, towards collection charges recovered from the petitioner, within a period of one month from the date of receipt of a copy of this judgment by the petitioner. (C.N.RAMACHANDRAN NAIR, JUDGE) jg