IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 30615 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ 1. C.V.RAPPAI, S/O. CHIRAYATH VAREED, KOZHUKULLI VILLAGE, THRISSUR. 2. MERCY, W/O. RAPPAI, CHIRAYATH HOUSE, KOZHUKULLI VILLAGE, P.O.THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): ---------------------------- 1. KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY SECRETARY, MUSEUM ROAD, THRISSUR-680 020. 2. SPECIAL DEPUTY TAHSILDAR (R.R.), K.S.F.E. LTD., THRISSUR-680 020. BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.30615 of 2010 ------------------------------------------- Dated this the 4th day of November, 2010 J U D G M E N T ---------------------- Grievance voiced in this writ petition was the subject matter of an earlier case filed before this court. The issue pertains to recovery steps initiated by the respondents for realising amounts due from the petitioners, which pertain to kuri transactions as well as loan transactions which the petitioners had with the 1st respondent. Ext.P1 is the judgment issued by this court in the earlier writ petition, WP(C). 23134/2009. In Ext.P1 this court directed the respondents to consider the representation of the petitioners seeking One Time Settlement/Compromise Settlement. The respondents were also directed to consider the request for adjustment/set off of the amounts which ultimately may become due under such settlement, out of the amounts available under the prized chitties. It is also mentioned that disbursal of balance if any outstanding shall be effected provided the security already furnished by the petitioner is sufficient, or in case the petitioner furnishes additional security. 2. Ext.P3 is the proceedings issued by the 1st W.P.(C).30615/10-B -2- respondent in compliance with directions contained in Ext.P1 judgment. Considering the request of the petitioner, 'One Time Settlement' facility was allowed and the petitioners were permitted to close the entire account by remitting a sum of Rs.19,92,474/-, instead of the actual amount of Rs.22,11,618/- due as on 20.3.2010. Being not satisfied with Ext.P3 the petitioner had submitted Ext.P4 before the 1st respondent. It is the case of the petitioners that all payments made by himself and his wife were not properly given credit. It is also contended that the recovery made through revenue recovery steps were not given proper credit. Under such circumstances the petitioners are seeking directions for a proper accounting of the amounts due and to re-consider the offer for 'One Time Settlement'. 3. Learned Standing Counsel appearing for the 1st respondent submitted that if the petitioners are producing any proof regarding payments if any effected, apart from the amounts which were already given credit, the respondent will consider such claims and will make corrections in the account. 4. Under such circumstances, the writ petition is closed relegating the petitioners to the 1st respondent for redressal of grievances if any. If the petitioners produce proof regarding payments which were not already given credit, the 1st W.P.(C).30615/10-B -3- respondent will consider the same and will make appropriate corrections, if found convincing. Needless to say that the petitioners shall be provided with a detailed statement of accounts for facilitating them to raise such claim. If the petitioners make any such approach, within a period of two weeks from today, a decision in this regard shall be taken by the respondents within two weeks thereafter. C.K.ABDUL REHIM, JUDGE. okb