IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 19500 of 2005(U) -------------------------- PETITIONER: ------------ JOHNY THOMAS, AGED 47, S/O.EYO THOMAS, PATTUPARAMBIL HOUSE, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT 682 017. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., “BHADHARATHA”, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., ERNAKULAM MAIN BRANCH, JEWS STREET, ERNAKULAM DISTRICT. 3. THE SPECIAL DEPUTY TAHSILDAR, (REVENUE RECOVERY) KERALA STATE FINANCIAL ENTERPRISES LTD., OFFICE OF THE SPECIAL TAHSILDAR, MORNING STAR BUILDINGS, KACHERIPPADY, ERNAKULAM DISTRICT. BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R1 & R2 SRI.M.K.CHANDRA MOHANDAS FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008 , THE COURT ON 18/07/2008 DELIVERED THE FOLLOWING: WPC NO.19500/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT PURSUANT TO CHITTY NO.14/97-39. P2 : COPY OF THE DEMAND NOTICE ISSUED BY 2ND RESPONDENT PURSUANT TO CHITTY NO.14/97-40. P3 : COPY OF DEMAND NOTICE ISSUED BY 2ND RESPONDENT PURSUANT TO CHITTY NO.14/97-42. P4 : COPY OF DEMAND NOTICE UNDER SECTION 7 OF THE RR ACT. P5 : COPY OF OTS APPLICATION FILED BY PETITIONER BEFORE R1. P6 : COPY OF DIRECTION ISSUED BY R1 PURSUANT TO EXT.P5. P7 : COPY OF DEMAND NOTICE ISSUED BY R3. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No.19500 of 2005 ------------------------------------ Dated, this the 18th day of July, 2008 J U D G M E N T At the time of filing the writ petition itself, petitioner’s case was that respondents were not receiving the amount offered by petitioner on account of dispute about the actual amount payable. Even though, this Court directed the KSFE to receive Rs.9,46,498/- from the petitioner vide order dated 30/06/2005, learned counsel submitted that petitioner has paid more than Rs.10 lakhs and settled full liability. Title Deeds are also stated to be released to petitioner. However, petitioner’s grievance is that even though payments are made voluntarily, collection charges are recovered by KSFE contrary to Rule 5 of RR Rules. This Court has consistently taken the view that if payments are made voluntarily and directly, the debtor should not be subject to recovery towards collection charges. In the circumstances, this writ petition is disposed of directing KSFE to adjust full payments against dues and if there is any collection charges recovered from petitioner from voluntarily payments made by him to refund the said amount. If KSFE has paid the amount to the Government, petitioner will be entitled to WP(C) No.19500/2005 -2- refund of the collection charges so recovered and paid. There will be also direction to the concerned Branch Manager of KSFE to give detailed statement to petitioner showing the collections and adjustments made within a period of two weeks from the date of production of a copy of this judgment. Refund of collection charges also should be made within a period of two months from the date of production of a copy of this judgment either by KSFE or by the Tahsildar. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg