IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27428 of 2009(W) -------------------------- PETITIONERS: --------------- 1. KURIAN VARGHESE , AGED 52, S/O.K.K.VARGHESE, KOLLAMPARAMBIL HOUSE, PANAYAMPALA, KARUKACHAL, KOTTAYAM. 2. KURIAN VARGHESE, AGED 77, KOLLAMPARAMBIL HOUSE, PANAYAMPALA, KARUKACHAL, KOTTAYAM. BY ADVS. SRI.P.M.SEBASTIAN SRI.K.A.ANAS RESPONDENTS: --------------- 1. KERALA FINANCIAL CORPORATION, REPRESENTED BY BRANCH MANAGER KOTTAYAM BRANCH, KOTTAYAM. 2. DEPUTY TAHSILDAR REVENUE RECOVERY, KERALA FINANCIAL CORPORATION, KOTTAYAM BRANCH, KOTTAYAM. R1 BY ADV. SRI. JAJU BABU, STANDING COUNSEL R2 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 27428 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2009 J U D G M E N T 1. Challenge in this Writ Petition is against steps for revenue recovery initiated for realisation of arrears due in the loan account of the petitioners, availed from the 1st respondent Corporation. According to the petitioner the 1st petitioner had availed a loan to the tune of Rs.3,78,000/- for purchasing a vehicle, for which 2nd petitioner is the guarantor. The loan is secured through mortgage of property belonging to the 2nd petitioner. The loan in question was availed during the year 1993. Contention of the petitioners is that inspite of remittance of considerable amounts the 1st respondent has taken over the possession of the vehicle and sold it in public auction. According to the petitioners they have effected payment of more than Rs.5.5 lakhs. Still revenue recovery steps are being pursued demanding huge amount as arrears, is the contention. W.P.(C)No. 27428 of 2009 -2- 2. It is evident from Ext.P2 letter that the loan amount availed by the 1st petitioner is for Rs.4,35,500/- and including the sale proceedings of the vehicle, total remittance in the loan account is Rs.5,68,901/-. But it is mentioned that the balance outstanding as on 25.03.2009 is Rs.47,72,041/-. 3. The petitioner is seriously disputing correctness of the amount demanded. He had submitted Ext.P4 petition before the respondents requesting to stop further proceedings pursuant to Ext.P3 notice. From the facts and figures as evidenced from Ext.P2, it is evident that major portion of the demand now raised pertains to interest, penal interest and expenses incurred by the 1st respondent. Learned standing counsel appearing for the respondents submitted that the petitioners can approach the 1st respondent Corporation seeking benefits under the One Time Settlement Scheme and on the event of the petitioner making a representation, the same will be considered on the basis of the scheme which is under formulation. W.P.(C)No. 27428 of 2009 -3- 4. Under the above circumstances, I am of the view that the dispute pertaining to correctness of the amount, cannot be adjudicated by this court in this proceeding. It is for the petitioners to workout their remedies before the appropriate authorities of the 1st respondent Corporation. If the petitioners make a request, the 1st respondent will serve copy of the statement of accounts pertaining to the loan transaction. The petitioners are at liberty to move before the 1st respondent seeking benefits of the One Time Settlement Scheme for wavering of penal interest or other charges. If such representation is received it is for the appropriate authority under the 1st respondent Corporation to consider the same and to take a decision thereon at the earliest. 5. Under the above said circumstances the Writ Petition is disposed of directing the 1st respondent to furnish a copy of the statement of accounts to the petitioners, if approached, without any delay. The petitioners will make a further representation to the 1st respondent seeking W.P.(C)No. 27428 of 2009 -4- benefits of the One Time Settlement Scheme, within a period of three weeks from today. If any such representation is received appropriate authority under the 1st respondent Corporation will consider the same and take a final decision thereon and it will be intimated to the petitioners within a period of one month from the date of receipt of such representation. 6. In order to facilitate the petitioner to move for consideration under the One Time Settlement Scheme, coercive steps initiated under the Revenue Recovery Act pursuant to Ext.P3 notice shall be kept in abeyance for a period of two months, on condition of the petitioners remitting an amount of Rs.2,00,000/- on or before 31.10.2009. The said amount if paid, can be appropriated by the 1st respondent against the amount if any required to be paid as a pre-condition for consideration of the One Time Settlement. C.K. ABDUL REHIM shg/ JUDGE