IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29310 of 2006(L)
1. SMT.ANNA MATHAI, W/O.LATE MATHAI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE KHADI AND VILLAGE INDUSTRIES BOARD,
3. THE PROJECT OFFICER,
4. STATE BANK OF INDIA, REPRESENTED
For Petitioner :SRI.A.J.JOSE(AEDAIODI)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :19/07/2007
O R D E R
KURIAN JOSEPH , J
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W.P.(C) NO. 29310 OF 2006
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Dated this the 19th day of July, 2007.
JUDGMENT
The writ petition is filed with the following prayers:
i. To issue a writ of mandamus or any other appropriate writ, order
or direction, commanding respondents to consider and pass
appropriate orders in Exhibit-P1 petition for One Time
Settlement as per the scheme and pass order finalising the
liability of th petitioner and file a statement before this
Honourable Court.
ii. To issue a writ of certiorari or such other appropriate writ, order
or direction and call for the records pertaining to the transaction
and quash Ext.P5 as illegal and unsustainable in the light of
payment under Exhibit-P3 receipt.
iii. To declare that the petitioner is entitled to receive back all
excess payments of Rs.52,854/- by way of penal interest
collection made by them over and above the recoverable
minimum dues under One Time Settlement Scheme and that
they are entitled to receive back the documents on the basis of
satisfying the Revenue Recovery as on the date of demand and
the payment to the Revenue Recovery officials without
appropriating collection charges.
iv. To pass such other orders including a declaration that the
hardship being found in favour of the petitioner, the respondent
is to realise only to the extent of enrichment received by the
petitioner and such other orders as this Honourable court may
deem fit, proper and necessary in the circumstances of the case
including refund of excess payments forcefully recovered
amounting to Rs.52,854/- as penal charges and Rs.19,799/- as
collection charges, total Rs.82,653/-
W.P.(C) NO. 29310/2006 : 2 :
2. There is no counter affidavit by the respondents 2 to 4. The
learned Government Pleader submits that it is for the 2nd respondent
to consider the matter. Accordingly, the writ petition is disposed of as
follows:
3. There will be a direction to the 2nd respondent to look into
Ext.P1 with notice to the petitioner and the 4th respondent and take
appropriate action thereon, in accordance with law in the matter of one
time settlement, within a period of three months from the date of
production of a copy of this judgment. In case the petitioner has paid
the amounts demanded by the respondents, the documents shall be
returned to her. If it is found that excess amounts have been collected
from the petitioner, the same should be refunded to her.
KURIAN JOSEPH, JUDGE.
rv
W.P.(C) NO. 29310/2006 : 3 :