IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 16378 of 2011(V) --------------------------------- PETITIONER(S): ------------------- SILVIYA JOSEPH,W/O.JOSEPH,KUNNUVILA THEKKEYIRAKKAM,THEKKUMBHAGOM,CHAVARA SOUTH.P.O, KARUNAGAPPALLY. BY ADVS. SRI. K.SIJU SRI.S.ABHILASH SMT.BINDU GEORGE RESPONDENT(S): --------------------- 1. DEPUTY TAHSILDAR(REVENUE RECOVERY), KARUNAGAPPALLY TALUK,KARUNAGAPPALLY TALUK, KARUNAGAPPALLY-690518. 2. THE DISTRICT COLLECTOR,KOLLAM-691013. 3. KOLLAM CORPORATION REPRESENTED BY ITS SECRETARY,(HOLDING THE CHARGE OF THE SECREYARY KOLLAM DEVELOPMENT AUTHORITY) PIN-691001. 4. VILLAGE OFFICER,THEKKUMBHAGOM VILLAGE, KOLLAM DISTRICT-691016. R1 TO R3 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R3 BY ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16378/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT IN WPC. NO.14712/2007 DATED 06/07/2007 P2: COPY OF JUDGMENT IN WPC. NO.6381/2008 DATED 06/03/2008. P3: COPY OF THE RECEIPTS REGARDING THE PAYMENTS MADE BY THE PETITONER (5 IN NUMBER). P4: COPY OF LETTER DATED 13/01/2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P5: COPY OF REPRESENTATION DATED 24/01/2011 SUBMITTED TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 16378 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th day of July, 2011. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts taken from the Kolam Corporation. The Corporation initiated revenue recovery proceedings through respondents 1, 2 and 4. The petitioner is challenging the same on the ground that there is serious disputes regarding the interest payable. The petitioner had earlier filed W.P(C) No. 14712/2007 on the same subject matter, in which this court passed Ext. P1 judgment, which reads as follows: “Loan availed by the petitioner from the third respondent is admitted. The only prayer is for grant of OTS benefit. Standing counsel for the third respondent submitted that even for waiving penal interest, Government's concurrence is required. The rate of interest charged is stated to be 16%. Since interest itself is at 16%, that too for house construction, I feel the petitioner can be granted waiver of penal interest provided petitioner clears the arrears on or before 30.10.2007 W.P is accordingly disposed of directing the respondents to withhold recovery proceedings till 30.10.2007 for the petitioner to settle liability exclusive of penal interest by then. However, if payment is not made, recovery will be continued and in that event penal interest also can be recovered. Similarly, if payment is made and liability settled voluntarily as above, no collection charges should also be recovered from the petitioner.” Now, if I entertain this writ petition, that would amount to reviewing Ext. P1 judgment, which I cannot do under law. W.P(C) No. 16378 of 2011 -: 2 :- Therefore, this writ petition is not maintainable. Accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/