SPECIAL DEPUTY TAHSILDAR Vs. K.P.RAJAN

JUDGEMENT

(1.) The above Writ Petition was filed against the collection charges demanded by the second respondent, who had taken revenue recovery proceedings for recovery of amounts due to the first respondent. The petitioner was a defaulter and his properties were proceeded against under the Revenue Recovery Act. The petitioner having made part payment on 19/07/2011 again approached the second respondent for a statement of accounts to facilitate the balance payment. As per Ext. P7, a statement of accounts was issued wherein 5% collection charges was demanded as per Rule 5 of the Kerala Revenue Recovery Rules, 1968. The petitioner though was ready to pay the amount due to the second respondent, refused to make good the collection charges demanded by the second respondent. In the circumstances, the second respondent refused to accept the payment in toto and the petitioner was before this Court. The learned Single Judge by an interim order dated 22/09/2011 directed the first respondent to release title deeds of the petitioner, on the petitioner paying under protest 1% of the amount recovered towards the payment of collection charges. The title deeds, on making of such deposit, was directed to be returned within one week from the date of payment. It was also directed that the attachment of the property also would stand lifted on such payment being made.

(2.) The petitioner made the payments as per the interim order and though the title deeds were returned he was aggrieved by the attachment of the property not being lifted by the revenue recovery authorities. The petitioner approached the learned Single Judge with IA No. 724 of 2012 seeking for a direction to the second respondent to communicate lifting of attachment order of the property of the petitioner covered by Ext. P1 document to Rayamangalam Village Office and Kunnathunad Taluk Office to facilitate registration of the properties in the name of the purchaser of the property. The above IA was allowed by the learned Single Judge by order dated 19/01/2012 against which the State has filed Writ Appeal No. 578 of 2012.

(3.) The learned counsel for the petitioner would submit that a division bench of this Court in State of Kerala v. Shibukumar P. K. (Writ Appeal No. 1107 of 2009 judgment dated 18/08/2009) found that item (viii) under Rule 4 and Rule 5(1) are unreasonable and discriminatory and ultra vires.