IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 2659 of 2005(N) ------------------------- PETITIONER: --------------- SAJEEV. C.R., AGED 38 YEARS, S/O. LATE C.K. RAGHAVAN, CHEMBAKASSERY HOUSE, KARAYAMPARAMBU, ALUVA TALUK, KARUKUTTY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENTS: --------------- 1. KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LTD., P.B.NO.523, TOWN HALL ROAD, THRISSUR-680 020, REP. BY ITS MANAGING DIRECTOR, P.B.NO.523, TOWN HALL ROAD, THRISSUR-680 020. 2. REGIONAL MANAGER, KERALA STATE DEVELOPMENT CORPORATION FOR SC & ST, REGIONAL OFFICE, NOW FUNCTIONING AT PALARIVATTOM, OPPOSITE MUTHOOT HONDA, KOCHI-682 025. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. 4. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 AND R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS,SC. R3 AND R4 BY GOVERNMENT PLEADER SMT. DEEPA K.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2659 of 2005(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOSTAT COPY OF THE RECEIPT NO.19987 DATED 21.10.1993 1SSUED BY THE 1ST RESPONDENT. EXT.P2 : TRUE PHOTOSTAT COPY OF THE NOTICE BEARING NO.RR5-3858/00/KSDC DATED 22.12.2000 UNDER SECTION 7 OF THE KERALA RE VENUE RECOVERY ACT ISSUED BY THE 1ST RESPONDENT RECEIVED BY THE PETITIONER ON 15.01.2005. /TRUE COPY/ P.A. TO JUDGE. P.R. RAMACHANDRA MENON, J. ................................................................................ W.P.(C) No. 2659 OF 2005 ......................................................................... Dated this the 20th October, 2009 J U D G M E N T Sustainability of coercive steps taken by the respondents in respect of the amounts stated as due from the petitioner, invoking the relevant provisions under the Revenue Recovery Act, is under challenge in the above Writ Petition. 2. The case of the petitioner is that he belongs to 'Kakkalan' community of Scheduled Caste and that in view of the welfare measures being pursued by the first respondent- Corporation (the very purpose of incorporation of which is for the development and uplifting of the members belonging to the particular community [SC/ST] ), the petitioner, with an intent to start a DTP centre, applied for a loan of Rs. 1.8 lakhs. After analysing the facts and figures, the first respondent sanctioned a sum of Rs. 1,61,604.90/- on 13.12.1993 for purchasing a computer and its accessories. On remitting the requisite sum of Rs. 9000/- towards the beneficiary's contribution for availing the benefit of the Scheme, the loan amount was disbursed to the petitioner. It is the case of the petitioner that the computer and W.P.(C) No. 2659 OF 2005 2 accessories were supplied by the first respondent, which in fact was of a poor quality and the same very much adversely affected the business of the petitioner, who, finally had no other alternative, but to have his doors closed, turning to be a defaulter. It is also pointed out that, even though the petitioner requested the first respondent to take back the entire infrastructure, the said respondent did not pay any heed to the same. In the course of events, the first respondent resorted to coercive steps under the Kerala Revenue Recovery Act and pursuant to the requisition made in this regard, Ext. P3 notice was issued by the third respondent, which was sought to be intercepted by filing the present Writ Petition. 3. The above matter was admitted on 25.01.2005, also granting an interim stay for a period of six weeks, on condition that the petitioner remitted a sum of Rs. Fifty Thousand within one month. The learned Counsel for the petitioner submits that despite approaching the respondents, particularly the first respondent many a time, a proper statement as to the amounts legally due from the petitioner was not served, but for furnishing some figures, also including exorbitant amounts by way of W.P.(C) No. 2659 OF 2005 3 interest and penal interest. The learned Counsel for the first respondent submits that even the very condition imposed by this Court, while granting the interim order was not complied with by the petitioner and that the petitioner does not deserve any leniency at all. It is also stated that the actual factual position, showing the liability has been very much projected in the counter affidavit stated as filed, which however does not form part of the records filed before this Court. The learned Counsel for the petitioner submits that, by virtue of the very nature of the constitution of the first respondent and the eligibility of the petitioner to have the benefits obtained from the first respondent under different heads, it is decided that the petitioner would approach the first respondent, seeking for eligible concessions so as to wipe out the liability once and for all. 4. In the above facts and circumstances, the petitioner is directed to file a detailed representation before the first respondent claiming necessary reliefs and on such an event, the same shall be considered and appropriate orders shall be passed by the first respondent, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any W.P.(C) No. 2659 OF 2005 4 rate, within three months from the date of receipt of a copy of the judgment. 5. On communicating the actual liability as above, the same shall be cleared by the petitioner by way of 10 equal monthly installments, the first of which shall be effected within one month from the date of communication showing the actual liability and the remaining installments to be effected on every succeeding months thereafter. Subject to the above, the coercive proceedings stated as being pursued by the respondents will be kept in abeyance. It is also made clear that if two consecutive defaults is committed by the petitioner in discharging the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk