IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6721 of 2008(A) ------------------------- PETITIONERS: --------------- 1. K. VIJAYAN, S/O.KRISHNAN ARICKAPPILLIL HOUSE, KODANAD P.O. KURICHILAKODU, PIN- 683 544. 2. P.N.RAJAN, S/O.NARAYANAN PAZHAYADATH HOUSE, VADAKKUMBHAGOM MANJAPRA P.O., PIN -683 581. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY RESPONDENTS: ----------------- 1. THE CHIEF MANAGER KERALA FINANCIAL CORPORATION, BRANCH OFFICE KALOOR, KOCHI-17. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, ERNAKULAM. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 6721 OF 2008 A = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T This writ petition has been filed by persons who had availed of financial assistance from the respondents against whom proceedings were initiated following the default that was committed. Ultimately on an offer made for availing of the benefit of one time settlement scheme, the matter was settled and amount also has also been paid except for Rs.2,750/- as per Ext. P3. What is called in question in this writ petition is the demand for revenue recovery charges that is demanded in Exts. P1 and P3. 2. As already noticed the liability of the petitioner was settled by availing of one time settlement scheme. If that be so, it cannot be said that the amount was recovered by taking recourse to the revenue recovery machinery in which event alone, the realisation of revenue recovery charges is justified. In this case since no such recovery has been made the demand made for revenue recovery charges in Exts. P1 and P3 cannot be sustained. W.P.(C) No. 6721 OF 2008 -2- 3. Accordingly, I direct that if the petitioner makes payment for the amount due from him as per Exts. P1 and P3 excluding the revenue recovery charges under the Revenue Recovery Act, the liability of the petitioner will be deemed to have been settled fully and finally. Needless to say that once the Corporation issues discharge certificate the 3rd respondent shall lift the attachment. ANTONY DOMINIC JUDGE jan/-