IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 517 of 2010(L) PETITIONER(S): ANIL KUMAR,AGED 40 YEARS, S/O.BHASKARAN, SYAMALAYAM,POOVATTOOR,PADINJARU KULAKKADA,KOLLAM. BY ADV. MR.DILEEP P.PILLAI RESPONDENT(S): 1. DISTRICT COLLECTOR,KOLLAM. 2. TAHSILDAR,KOTTARAKKARA,KOLLAM. 3. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRAMENON, J - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.517 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of January , 2010 J U D G M E N T The petitioner is challenging Ext.P1 and P2 distress action invoking the machinery under the Kerala Revenue Recovery Act. Ext.P1 and P2 proceedings have been passed by the first respondent, in furtherance to the orders stated as passed by the Judicial First Class Magistrate-IV, Kochi, in connection with the S.T.1340/2005. 2. The learned counsel for the petitioner submits that the petitioners were sureties to the accused in S.T.1340/2005, pending trial before the above trial court. However, since the accused failed to appear before the Court later, the bail bond was cancelled and 'M.C proceedings' were taken against the sureties (the petitioners), which is sought to be intercepted in this writ petition. -2- W.P.(C) No.517 of 2010 3. The learned counsel appearing for the petitioners submits that the petitioners are taking steps to avail the statutory remedy by preferring an appeal, as provided under section 449 of the Cr.P.C. and that the prayer is confined to grant some breathing time to pursue the statutory remedy as above. 4. Heard the learned Government Pleader as well. 5. Considering the facts and circumstances, it is held that the petitioners are at liberty to pursue the statutory remedy available under the Cr.P.C. in respect of the orders passed against them, in connection with Ext.P1 and P2. However, in order to enable the petitioners to pursue such course, all further proceedings pursuant to Ext.P1 and P2 shall be kept in abeyance for a period of one month. 6. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON (JUDGE) nl