Review disposition imposing 1% service charges on recovery amounts claimed by KSFL.
The judgment was modified to impose a 1% service charge collectible from the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938
RP.No. 215 of 2017 (T)
JUDGMENT DATED 18-11-2016 IN WP(C) 36959/2016
REVIEW PETITIONER(S)/RESPONDENTS 2 & 3 IN WPC:
1. THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LIMITED, KALLAYI ROAD, KOZHIKODE - 673 002.
2. THE SECRETARY, GOVERNMENT FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY GOVERNMENT PLEADER SRI.S.KANNAN
RESPONDENT(S):
1. BIJOY, SREE BHAVAN, BHATTATHIRIPPAD ROAD, KADAVANTHRA, ERNAKULAM, KOCHI - 20.
2. SWAPNA BIJOY, SREE BHAVAN, BHATTATHIRIPPAD ROAD, KADAVANTHRA, ERNAKULAM, KOCHI - 20.
3. KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE), REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM ROAD, THRISSUR - 680 020.
R1 & R2 BY ADV. SRI.DEEPU THANKAN R3 BY ADV. SRI.ALEXANDER C.V., SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
RP.No. 215 of 2017
-------------------
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE 1 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.421/2010
RESPONDENT(S)' ANNEXURE -----------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J.
R.P. No.215 of 2017 in W.P.(C) No.36959 of 2016
Dated this the 21st day of March, 2017
JUDGMENT
This review petition is filed by respondents 2 and 3 in the aforespecified writ petition, seeking to review the judgment dated 18.11.2016 to a limited extent of the direction issued by this court that, the collection charges on the basis of revenue recovery action will be entitled to be avoided by the petitioners in accordance with law, apparently relying on the judgment of this court in Deputy Tahsildar (RR) v. Vijaya Builders [2016(1) KLT 684]. However, according to the review petitioners, in the judgment of a Division Bench of this court rendered on 21.1.2016 in Deputy Collector and others v. Appu Jose [ILR 2017 (1) Kerala 511], this court had occasion to consider the issue in respect of imposing collection charges after the amendment, by introducing rule 5 (3) to the Kerala Revenue Recovery Rules, 1968 and held that, 1% collection charges of the total amount can be imposed on
R.P.No.215 of 2017
2
the amount towards the service charges. Therefore, according to the learned Government Pleader, to that limited extent review of this judgment is required. It is also submitted by the learned Government Pleader that, the judgment of this court in Deputy Collector and others referred to supra has come to the notice of the review petitioners after disposal of the writ petition.
Therefore, the review petition is disposed of holding that the petitioners in the writ petition are liable to pay service charge at 1% of the total amount collected from the petitioners. The judgment rendered by this court will stand modified to the said extent.
Sd/- SHAJI P. CHALY JUDGE
smv 22.03.2017
2 issues framed by the court
Whether the 1% collection charges under Rule 5(3) of Kerala Revenue Recovery Rules, 1968 apply to service charges imposed for direct recovery actions.
Whether the review petition should be disposed of by modifying the judgment to impose 1% service charges.
Colour shows how this judgement treated each authority
Deputy Tahsildar (RR) v. Vijaya BuildersReferred¶32
Deputy Tahsildar (RR) v. Vijaya Builders [2016(1) KLT 684]
Deputy Collector and others v. Appu JoseDistinguished¶32
Deputy Collector and others v. Appu Jose [ILR 2017 (1) Kerala 511] · Who else cites this
1 provisions across 1 enactments
State of Kerala (by way of Review Petitioners)
Bijo and Swapna Bijo
Kerala State Financial Enterprises Limited
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Shaji P. Chaly
Parties & counsel
