IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 10062 of 2006(W) ----------------------------------- PETITIONER: ---------------- ADAM CIRCLE BUILDING OWNERS ASSOCIATION, REGN. NO.ER.659/2001, ANGAMALY, REPRESENTED BY ITS PRESIDENT, K.V. SAJIVE, KOORAN THAZHATHUPARAMBIL- HOUSE, ANGAMALY. BY ADV. SRI.WILSON URMESE RESPONDENTS: ------------------ 1. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, FIRST FLOOR, FINANCE TOWER, KALOOR, KOCHI-17. 3. M.V. THOMAS MUKKANANCHERRY, M/S. PENTA BUILDERS & DEVELOPERS, PENTA SQUARE, 2ND FLOOR, M.G. ROAD, ERNAKULAM, KOCHI-35. 4. BEENA THOMAS, W/O. M.V. THOMAS, MUKKANANCHERRY HOUSE, VENGOLA P.O., PERUMBAVOOR. ADDL. R5 AND R6 IMPLEADED: ADDL R5. P.T. PAUL, PALLIPPADAN HOUSE, ANGADIKADAVU, ANGAMALY - 683 572. ADDL R6. ELSY PAUL, W/O. P.T. PAUL, PALLIPPADAN HOUSE, ANGADIKADAVU, ANGAMALY - 683 572. WP(C).No. 10062/2006 ...2... ADDL. R7 IMPLEADED: ADDL. R7: THE DISTRICT COLLECTOR, ERNAKULAM. (ADDITIONAL R5 AND R6 ARE IMPLEADED VIDE ORDER DATED 26.6.07 IN I.A. No. 8355/07). (ADDITIONAL R7 IS IMPLEADED VIDE ORDER DATED 2.4.08 IN I.A.No.4048/08). ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 & R2 SRI.MOHAN PULIKKAL FOR ADDL.R5 & R6 SMT.MANJU RAJAN FOR ADDL.R5 & R6 SMT.A.AMRUTHA VIDYADHARAN FOR ADDL.R5 & R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, ALONG WITH WP(C) No. 21464 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.10062/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF CERTIFICATE OF REGISTRATION DT.18.7.01. EXT. P2 : COPY OF THE SALE DEED No.3503/98 OF SRO, ANGAMALY DT. 8.10.98. EXT. P3 : COPY OF the LETTER DT. 7.12.05 OF the 2ND RESPONDENT. EXT. P4 : COPY OF THE REPRESENTATION DT. 24.2.2006 SUBMITTED BY THE PETITIONER ASSOCIATION. EXT. P5 : STATEMENT OF BANK ACCOUNT No.2001590 OF THE BANK OF BARODA, ANGAMALY. EXT. P6 : COPY OF LETTER DT. 25.2.06 SUBMITTED BY THE PETITIONER. EXT. P7 : A LIST OF MEMBERS, WHO HAVE NOT CONTRIBUTED THEIR SHARES, SUBMITTED BY THE PETITIONER. EXT. P7 IN COPY OF LETTER DT. 2.1.08 OF THE 2ND I.A.2462/08: RESPONDENT. EXT. P8 IN COPY OF RECEIPT DT. 2.1.08 ISSUED BY THE I.A.2462/08: 2ND RESPONDENT. EXT. P9 IN COPY OF REQUEST DT. 2.1.08 SUBMITTED BY THE I.A.2462/08: PETITIONER ASSOCIATION. ADDL. 5TH RESPONDENT'S EXHIBITS: EXT. R5(a) : COPY OF LETTER DT. 16.6.07 FROM THE PUBLIC INFORMATION OFFICER, KFC TO THE 5TH RESPONDENT. EXT. R5(b) : COPY OF LETTER DT. 25.11.06 FROM VILLAGE OFFICER, ANGAMALY TO THE DY. TAHSILDAR, KFC. WP(C).No.10062/2006 EXT. R5(c) : COPY OF LETTER DT 17.5.07 FROM THE 5TH RESPONDENT TO THE PRESIDENT OF THE PETITIONER ASSOCIATION. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C) Nos.10062 OF 2006 & 21464 OF 2007 --------------------------------------- Dated this the 26th day of November, 2008. J U D G M E N T Petitioners approached this Court with certain grievance regarding recovery steps initiated by the respondent-Corporation. It is submitted that during the pendency of the writ petitions, entire dues have been paid. The surviving grievance is only with regard to demand for collection charges. It is submitted that in view of the decision of this Court in Bhaskaran vs. Sub Registrar (2005(3) KLT 150), they are not liable to pay collection charges. If as a matter of fact except the mere sending of notice for revenue recovery, no other steps have been taken, as held by this Court in several decisions, there cannot be any collection charges. Collection charges can be levied only if steps have been taken in furtherance to the notice for recovery. If as a matter of fact amounts on service of notice have been paid, there cannot be any collection charges. W.P.(C) Nos.10062/06 & 21464/07 2 2. Learned Government Pleader submits that the decision cited above may not be helpful to the petitioners since repayment is pursuant to the recovery steps initiated at the instance of the Corporation. Be that as it may, since the matter requires consideration, on verification of facts, I do not think that this Court at this stage should go into the matter. Therefore, these writ petitions are disposed of as follows: It will be open to the petitioners to approach the Special Deputy Tahsildar (Revenue Recovery), in which case, the matter will be duly examined by the said respondent/competent authority, with notice to the petitioners, and appropriate orders in accordance with law in the matter will be passed within a period of four months from the date of receipt of the representation. It is made clear that if there is only issuance of notice for recovery, there shall not be any demand for collection charges. KURIAN JOSEPH, JUDGE. smp W.P.(C) Nos.10062/06 & 21464/07 3 KURIAN JOSEPH, J. W.P.(C) Nos. 10062 OF 2006 & 21464 OF 2007 J U D G M E N T 26.11.2008