IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(Crl.).No. 354 of 2008(S) PETITIONER: --------------- RAVICHANDRA LAL, AGED 34 YEARS, S/O.LATE SASIDHARA PANICKER, PANNIMUTTATH HOUSE, KARIMOM, EDAGRAMAM P.O., THIRUVANANTHAPURAM - 2. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR/ADDL.DISTRICT MAGISTRATE, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 4. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE ORDER DATED 6.10.2008 PASSED BY THE FIRST RESPONDENT. EXT.P2 PHOTOCOPY OF THE PETITION DATED 6.10.2008 SUBMITTED BEFORE THE FIRST RESPONDENT. EXT.P3 PHOTOCOPY OF THE G.O.(MS) NO.108/08/TD DATED 26.5.2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P4 PHOTOCOPY OF THE G.O.(MS) NO.158/2008/TD DATED 30.7.2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P5 PHOTOCOPY OF THE LETTER DATED 30.7.2008 SUBMITTED BEFORE THE SECOND RESPONDENT. EXT.P6 PHOTOCOPY OF THE NOTICE NO.T5-9269/2000 DATED 30.9.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P7 PHOTOCOPY OF THE LETTER NO.T5-0259/00 DATED 13.10.2008 ISSUED BY THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- W.P.(Crl.) NO. 354 OF 2008 S ------------------------------------------------------------- Dated this the 30th October, 2008 JUDGMENT Kurian Joseph, J. Petitioner is the next friend of one Sri.K.Jayachandran, son of Krishnan. who has been detained in Civil Prison, Poojappura pursuant to Ext.P1 order. The petitioner challenged Ext.P1 order of detention issued under Section 65 of the Kerala Revenue Recovery Act. It is not in dispute that the detenue is a defaulter of abkari arrears running to crores. According to the petitioner, even before granting an opportunity to avail the benefit as per the amnesty scheme, Sri.Jayachandran was taken to custody and detained in civil prison as per Ext.P1. Ext.P6 is the notice regarding the scheme. It is seen as per Ext.P6 that the petitioner need only to remit an amount of Rs.2,01,02,719/-. Pursuant to the direction issued by this Court on 16.10.2008, it is submitted that an amount of Rs.50,25,680/- has already been remitted and the balance need only be remitted in three equal monthly instalments, November, December, 2008 and January, 2009. Sri.K.Jayachandran, who has been released pursuant to the order dated 16.10.2008, is present before us. It is submitted that he may be permitted to remit the balance amount in three monthly instalments as per the scheme without prejudice to his opportunity to challenge the quantum in separate proceedings after W.P.(CRL.) NO.354 OF 2008 :: 2 :: remitting the amount. The learned Government Pleader points out that this is the third round of litigation. 2. Therefore, we make it clear that the amounts as stated in Ext.P6 shall first be remitted and thereafter, if there is any dispute regarding quantification, it will be open to Jayachandran to pursue the same in appropriate proceedings, if the same is otherwise permissible. We also make it clear that Jayachandran shall not leave the country and shall not dispose of any of his assets until the dues are cleared as above. He shall also report in person before the first respondent once during the months of November, December, 2008 and January, 2009. In that view of the matter, no further proceedings need be taken pursuant to Ext.P1. The Writ Petition (Criminal) is disposed of as above. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/