IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19500 of 2005(V)
1. JOHNY THOMAS, AGED 47, S/O.EYO THOMAS,
... Petitioner
Vs
1. THE KERALA STATE FINANCIAL ENTERPRISES
... Respondent
2. THE BRANCH MANAGER, KERALA STATE
3. THE SPECIAL DEPUTY TAHSILDAR,
For Petitioner :SRI.SHAJI CHIRAYATH
For Respondent :SRI.A.K.JOHN, ADDL.SC., KSFE LTD.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :18/07/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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WP(C) No.19500 of 2005
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Dated, this the 18th day of July, 2008
J U D G M E N T
At the time of filing the writ petition itself, petitioner’s case
was that respondents were not receiving the amount offered by
petitioner on account of dispute about the actual amount payable.
Even though, this Court directed the KSFE to receive Rs.9,46,498/-
from the petitioner vide order dated 30/06/2005, learned counsel
submitted that petitioner has paid more than Rs.10 lakhs and
settled full liability. Title Deeds are also stated to be released to
petitioner. However, petitioner’s grievance is that even though
payments are made voluntarily, collection charges are recovered by
KSFE contrary to Rule 5 of RR Rules. This Court has consistently
taken the view that if payments are made voluntarily and directly,
the debtor should not be subject to recovery towards collection
charges. In the circumstances, this writ petition is disposed of
directing KSFE to adjust full payments against dues and if there is
any collection charges recovered from petitioner from voluntarily
payments made by him to refund the said amount. If KSFE has
paid the amount to the Government, petitioner will be entitled to
WP(C) No.19500/2005
-2-
refund of the collection charges so recovered and paid. There will
be also direction to the concerned Branch Manager of KSFE to give
detailed statement to petitioner showing the collections and
adjustments made within a period of two weeks from the date of
production of a copy of this judgment. Refund of collection charges
also should be made within a period of two months from the date of
production of a copy of this judgment either by KSFE or by the
Tahsildar.
The writ petition is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg