IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 23861 of 2005(N) -------------------------- PETITIONER: ------------ T.K.BASHEER, THONIKKADAVIL HOUSE, SHORNUR-2. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. THE TAHSILDAR, REVENUE RECOVERY, OTTAPALAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE REVENUE SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AUCTION NOTICE DATED 5.7.2005 EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 31.10.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.23861 OF 2005 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT At the time of admission, this Court granted stay on petitioner giving a post dated cheque for Rs. 4 lakhs. Government Pleader reported that no such cheque was given with undertaking in terms of the interim order. In fact there was no stay in force during the pendency of the W.P. and the amount due could have been recovered. Moreover another W.P.C.No. 39832 of 2003 filed by the petitioner is also seen dismissed by this Court for non-prosecution. Admittedly petitioner committed default in payment of toll collection in terms of award of contract. In the circumstances, and since petitioner is bound to pay the amount, W.P. is dismissed directing the respondents to proceed for recovery immediately. (C.N. RAMACHANDRAN NAIR) Judge kk 2