IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 3766 of 2009(W) ------------------------- PETITIONER(S): ---------------------- 1. M.S.ALI, AGED 40 YEARS,S/O.SAID MOHAMMED MANALUMPARAYIL HOUSE, MANIKINAR P.O. PALLARIMANGALAM, NOW RESIDING AT VELIPARAMBIL HOUSE,MUTHALAMADA P.O.KOLLAMKODE, PALAKKAD DIST. 2. SUNITHA ALI, W/O.M.S.ALI, PULIKKAL HOUSE,PAREEKANNI P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RANGE OFFICER,MULLARINGADU. 3. THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD,ERNAKULAM. 5. THE CIRCLE INSPECTOR OF POLICE KALLORKADU. 6. THE SUB INSPECTOR OF POLICE, POTHANIKADU. 7. THE TAHSILDAR, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.3766 of 2009-W ---------------------------------------------- Dated, this the 27th day of February, 2009 J U D G M E N T The 2nd petitioner is the wife of the Ist petitioner. Petitioners challenge Exts.P1 and P2. Ext.P1 is in the year 1994. Ext.P2 is to show cause as to why a warrant of arrest should not be issued. The Ist petitioner submitted Ext.P3 representation before the District Collector and Ext.P4 petition before the Honble Minister for Forest. 2. Heard Sri.Shaji Thankappan, learned counsel for the petitioners and learned Government Pleader. 3. In 1992 the 2nd respondent conducted an auction. The Ist petitioner participated in the auction and bid the auction for an amount of Rs.7,06,919/-. It is his case that he could not pay the amount and there is WPC No. 3766/2009 -2- re-auction on 30.3.1993 and it was re-auctioned for Rs.4,27,257/-. There is a difference of Rs.2,79,662/- in the re-auction. Ext.P1 is a letter by which the 3rd respondent requested the 4th respondent to recover amounts from the Ist petitioner. Steps were taken against the petitioner under Ext.P2. Petitioner approached this court after more than 14 years. I am not inclined to consider the challenge against Ext.P1. 4. Learned counsel for the petitioners submitted that petitioners may be given time to pay the amount. It is submitted that they are living in a rented house. 5. Having regard to the circumstances, recovery proceedings against the petitioners will be kept in abeyance including Ext.P2 on condition that the petitioners will pay off the entire amount due less the amount of Rs.30,000/- paid pursuant to the interim order, in instalments of Rs.15,000/- per month. The Ist WPC No. 3766/2009 -3- instalment shall be paid on or before 15.3.2009 and the rest of the instalments shall be paid on or before 15th day of every succeeding months. If the petitioners do not pay any single instalment they will lose the benefit of this judgment and will be open to the respondents to proceed against the petitioners. (K.M.JOSEPH) JUDGE. MS