IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 366 of 2011(U) ------------------------ PETITIONER: ------------------ BAIJU T.S., S/O.SIVARAMAN, THEKKUMPADATH HOUSE KADAVANAD P.O., PONNANI SOUTH, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------------- 1. THE MANAGING DIRECTOR, KERALA STATE SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT CORPORATION, THRISSUR. 2. THE DISTRICT COLLECTOR, MALAPPURAM, PIN 676505. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, PONNANI, PIN 679577. R1 SRI.M.K.CHANDRAMOHANDAS, SC. R2 AND R3 BY GOVT.PLEADER SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. = = = = = = = = = = = = WP(C).No.366 of 2011-U. = = = = = = = = = = = = Dated this the 6th January, 2011. J U D G M E N T This writ petition is filed seeking direction against respondents 1 and 2 for consideration and disposal of Exts.P7 and P8 representations. The petitioner is inter-alia seeking directions to restrain revenue recovery proceedings till the disposal of those representations. 2. The petitioner had availed a loan from the first respondent to the tune of ` 2,82,000/- for starting a self employment venture. It is stated that the petitioner had remitted a sum of ` 9,000/- as contribution of the beneficiary and as such only an amount of ` 2,73,000/- was disbursed to the petitioner. Consequent to default committed in repayment of the loan amount, revenue recovery steps were initiated on the basis of Ext.P2 notice. However, it is noticed that the petitioner had approached the State Government seeking permission to make payment WP(C).No.366 of 2011-U. 2 of the amounts in instalments. Under Ext.P3 order, the Government had granted instalment facility for payment of the amount, subject to condition of petitioner remitting 10% of the arrears immediately and the balance amount in 40 equal monthly instalments. It is noticed that in spite of Ext.P3 order issued as early as on 7.10.2008, the petitioner had defaulted payment of the monthly instalments, after making some amount. 3. The present grievance of the petitioner is that he had submitted Exts.P7 and P8 representations before respondents 1 and 2 seeking to rectify the mistake in the demand raised, on the ground that the principal amount upon which the interest was calculated is not true and correct. According to the petitioner, the first respondent was not entitled to compute interest on the entire amount of ` 2,82,000/- because the amount of loan granted by the first respondent is only to the tune of ` 2,73,000/-. It is further contended that while taking WP(C).No.366 of 2011-U. 3 recovery steps, the amount of subsidy granted was not reckoned. 4. It is noticed that revenue recovery steps were initiated as early as in the year 2008 and in spite of granting instalment facility, the petitioner had defaulted payments. Learned standing counsel appearing for the first respondent disputed correctness of the contention regarding discrepancy in the amounts. According to him, the interest is calculated only on the total amount which was disbursed to the petitioner. However, I am not arriving at any conclusion on the dispute. Since the matter is pending consideration before the first respondent, I am of the view that the competent authority in the first respondent corporation can consider such objections and to take a decision thereof. 5. The needful in this regard shall be done at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this Judgment, after WP(C).No.366 of 2011-U. 4 affording an opportunity of personal hearing to the petitioner. 6. Considering pendency of the matter before the first respondent, I am of the view that the petitioner can be permitted to continue for payment of the amount in default in accordance with the instalment facility granted under Ext.P3, subject to condition of the petitioner makes payment of the defaulted instalments within a period of three weeks from today. The writ petition is disposed of as above. C.K.ABDUL REHIM, (Judge) Kvs/-