State Of Kerala vs P.N.Balaram
2024 Latest Caselaw 26422 Ker

Kerala High Court

State Of Kerala vs P.N.Balaram on 3 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WA NO. 641 OF 2008                     1

                                                       2024:KER:67518
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

  THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE

                                   &

                   THE HONOURABLE MR. JUSTICE S.MANU

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                          WA NO. 641 OF 2008

        AGAINST THE ORDER/JUDGMENT DATED 13.11.2006 IN WPC NO.25530

OF 2006 OF HIGH COURT OF KERALA

APPELLANT/S:

            STATE OF KERALA
            TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPAURAM.


            BY ADV GOVERNMENT PLEADER


RESPONDENT/S:

    1       P.N.BALARAM
            EZHUTHASSAN ELECTRONICS PVT.LTD. (IN LIQUIDATION),
            PERAMANGALAM, THRISSUR.

    2       THE KERALA FINANCIAL CORPORATION
            VELLAYAMBALAM, THIRUVANANTHAPURAM. *ADDL.R3
            IMPLEADED

    3       ADDL.R3:OFFICIAL LIQUIDATOR,
            HIGH COURT OF KERALA,COMPANY LAW BHAVAN,OPPOSITE
            NPOL,THRIKKAKARA POST,KAKKANADU. *ADDL.R3 IMPLEADED
            AS PER ORDER DTD.27/5/15 I IA 630/15.


            BY ADVS.
            SRI.T.M.CHANDRAN
            SRI.K.MONI
 WA NO. 641 OF 2008                2

                                                     2024:KER:67518



     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 641 OF 2008                     3

                                                              2024:KER:67518
                                 JUDGMENT

Dated this the 3rd day of September 2024

A.Muhamed Mustaque, Acg.C.J.

This appeal was preferred by the State aggrieved by the

judgment of the learned Single Judge. The claim of the State is that they

are entitled for collection charges. The learned Single judge ordered that

no collection charge shall be levied from the writ petitioner as the writ

petitioner had settled the entire liability with the Kerala Financial

Corporation (KFC).

2. The learned Government Pleader submitted that

pursuant to the revenue recovery proceedings, Rs.70,00,000/- was

recovered from the writ petitioner. Therefore, they are entitled for

collection charges, which is disputed by the learned Counsel for the

writ petitioner.

3. We find that in the impugned judgment direction

was actually to settle the liability by availing one time settlement

facility and there was no direction to recover the collection charges

from the petitioner. We leave open the issue regarding collection

charges, as this was not considered by the learned Single Judge.

Therefore, we affirm the judgment of the learned Single Judge to

2024:KER:67518 the extent of granting one time settlement facility to the writ

petitioner. In regard to collection charges we leave open the

question.

Accordingly, the appeal stand disposed of.

Sd/

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE sd/

S.MANU JUDGE jm/