ORDER :

1. Leave granted.

2. This batch of appeals is directed against the common judgment and order passed by the High Court of Kerala in Writ Appeal No.1107 of 2009 and connected matters, disposed of on 18.08.2009.

3. The first respondent was a defaulter in payment of moneys due to the bank(s)/financial institution(s). The respondent(s)/writ petitioner(s) was/were served with the demand notice(s), inter alia, directing him/them for payment of the amounts due, as well as, collection charges under the provisions of the Kerala Revenue Recovery Act, 1968 (for short, “the Act”) and Rules framed thereunder.

4. The Court being of the view, that no serious steps had been taken by the Revenue Recovery Officer for realization of the amounts due from the defaulter(s), had directed the State Government to refund the collection charges charged and collected from him/them. Aggrieved by the said order, the matter was carried further in appeal by the State Government.

5. In these matters, none of the parties to the proceedings had laid the required pleaded foundation for questioning the vires of Rules 4 and 5 of the Rules as imperative in law. What was really questioned by the respondent(s)/defaulter