IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30123 of 2009(I)
1. RAMACHANDRAN NAIR,
... Petitioner
Vs
1. THE DEPUTY TAHSILDAR,
... Respondent
2. THE KERALA KHADI AND VILLAGE INDUSTRIES
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :29/07/2010
O R D E R
P. R. RAMACHANDRA MENON, J.
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W.P.(C) No. 30123 of 2009
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Dated this the 29th day of July, 2010
JUDGMENT
Petitioner availed a loan of Rs.4,47,000/- from the
respondent Board on 21-4-1997 to start a ‘curry powder
unit’ namely “K.M.P. Curry Powder”, agreeing to repay the
amount by way of instalments as specified. The fact remains
that the repayment could not be effected on time, as
scheduled. After completing the formalities, the respondent
Board proceeded with steps, resorting to remedy under the
Revenue Recovery Act. The petitioner is now before this
Court challenging the steps taken by the respondent Board
under the Revenue Recovery Act.
2. The main prayer in this writ petition is to direct the
respondents to allow the petitioner to pay off the
outstanding in instalments, after deducting the margin
money, and giving credit to the payments made hither to.
3. The margin money, as pointed out by the petitioner
in the opening paragraph in the writ petition, is only
W.P.(C) No. 30123/2009 2
Rs.1,11,000/- and the second respondent Board has field a
statement giving the facts and figures, where the actual
liability has been shown as Rs.7,16,343/-, making it clear
that the margin money has already been set off. It is also
pointed out that the petitioner would be entitled to have
some other benefits as well, if the amounts were satisfied
before 31-12-209 in a lump sum, resulting in waiver of
Rs.61,030/- towards the penal interest. It is stated that, in
spite of giving intimation to avail the benefit, the same was
ignored by the petitioner and that the respondents are
justified in proceeding against the petitioner, in the above
context.
4. During the course of hearing, learned standing
counsel for the respondent Board fairly brought it to the
notice of this Court that the Government has declared the
benefit of ‘OTS scheme’ again and that the petitioner is very
much entitled to have the benefit till 30-9-2010. It is stated
that, in spite of total liability of the petitioner coming to an
extent of Rs.7,16,343/-, the actual liability to be cleared by
W.P.(C) No. 30123/2009 3
the petitioner availing the benefit of OTS is only
Rs.4,81,543 as on 31-09-2010.
5. In the above circumstances, the petitioner is
permitted to clear the liability under the OTS, on filing the
requisite application in this regard, satisfying the
requirements in terms of the Scheme on or before 30-9-
2010. The coercive steps shall be kept in abeyance for the
time being. It is made clear that if any default is committed
by the petitioner in clearing the liability as above, the
respondent Board will be at liberty to proceed with further
steps for realization of the entire amount in a lump sum.
The writ petition is disposed of accordingly.
P. R. RAMACHANDRA MENON,
JUDGE.
mn.