Allowed

The Deputy Tahsildar and Another v. K.K.Thankappan and Others

Kerala HC28 Jan 2015WA/1167/2009

Case brief

AI extract

What is this about?

This writ appeal challenged a judgment directing a petitioner to pay a loan without collection charges. The High Court held that Rule 5(3) of the Kerala Revenue Recovery Rules makes payment of collection charges mandatory when direct payment is made to the requisitioning authority, rejecting the plea to waive the fee. The appeal was allowed accordingly.

What did the court decide?

Call to pay the collection charge as per Rule 5(3) of Kerala Revenue Recovery Rules, 1968; set aside the direction not to pay collection charges.

The Deputy Tahsildar and Another Vs K.K.Thankappan and… — Service and Employment | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &

¶4

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶5

WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936

¶6

WA.No. 1167 of 2009 ( )

¶7

-----------------------WP(C) 6317/2009 of THIS HONOURABLE COURT

¶8

APPELLANTS/RESPONDENTS 1 & 2 IN WPC :

¶9

--------------------------------------------------------------

¶10

1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM TALUK.

¶11

2. THE VILLAGE OFFICER, KALLOOR THEKKUMURI VILLAGE, ANNAMANNADA.

¶12

BY GOVERNMENT PLEADER SRI. P.I.DAVIS

¶13

RESPONDENTS/PETITIONER :

¶14

-----------------------------------------

¶15

1. K.K.THANKAPPAN, S/O. K.K.KANNAN, KOCHUNKUNNIL HOUSE, ANNAMANNADA DESOM, KALLOOR, THEKKUMURI VILLAGE, KUKUNDAPURAM TALUK.

¶16

2. THE PROJECT OFFICER, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE, PALACE ROAD, THRISSUR-680012.

¶17

3. THE SECRETARY KERALA KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM

¶18

R1 BY ADV. SRI.FRANCO T.J.

¶19

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

¶21

ASHOK BHUSHAN, Ag.C.J. &

¶22

A.M. SHAFFIQUE, J.

¶23

================================

¶24

W.A. No. 1167 of 2009

¶25

=================================

¶26

Dated this the 28^th day of January, 2015

¶27

JUDGMENT

¶28

A.M.Shaffique, J.

¶29

This appeal is filed by respondents 1 and 2 against the judgment dated 28.02.2009 in Writ Petition No.6317 of 2009. The writ petition is filed by the respondent herein challenging Exts.P3 and P4 revenue recovery notices and for a direction to respondents 1 and 2 to accept payments as per Exts.P6 to P15 made towards the loan transaction. Further, the petitioner sought for directing to respondents 3 and 4 to take decision on the one time settlement proposal submitted as Ext.P17.

¶30

The learned Single Judge, however, was not inclined to issue the directions as sought for. But, the petitioner was given the facility to pay the balance amount due in ten equal monthly instalments. It was also

¶31

-2-

¶32

W.A. No. 1167 of 2009

¶33

mentioned that the petitioner need not pay any collection charges. The appeal is filed only against the direction of

¶34

the learned Single Judge indicating that the petitioner need not pay collection charges.

¶35

The learned counsel appearing for the respondents submits that the instalment as directed has already been remitted and therefore, the writ petitioner has no obligation to pay collection charges.

¶36

As per Rule 5(3) of the Kerala Revenue Recovery Rules, 1968, if the payment is made after revenue recovery proceedings are initiated and if the payment is directly made to the requisitioning authority, there will be an obligation to pay 1% of the amount involved in the matter as collection charges to the said authority. Being a statutory obligation the same cannot be waived.

¶37

Therefore, we are of the view that the

¶38

-3-

¶39

W.A. No. 1167 of 2009

¶40

petitioner is liable to pay collection charge, in terms of Rule 5(3) of the Rules.

¶41

The judgment of the learned Single Judge, to that extent, is therefore set aside.

¶42

The writ appeal is disposed of accordingly.

¶43

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE

¶44

Sd/- A.M. SHAFFIQUE JUDGE

¶45

das

The Deputy Tahsildar and Another v. K.K.Thankappan and Others

Case brief

What is this about?

What did the court decide?

The Deputy Tahsildar and Another v. K.K.Thankappan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saroj Subash Nagori Vs Biju Prabhakar IAS

Susheela Vs the District Collector

State of Kerala Vs Georgekutty P.J.

Viju Oommen Vs Superintendent of Police

The Deputh Tahsildar Vs K.Narayanan Nair

Kerala State Electricity Board Ltd. Vs K.v.Rajendran