IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25423 of 2008(B) -------------------------- PETITIONER: -------------- KARUNAKARAN, AGED 84 YEARS, S/O.LATE PADMANABHAN, PEELIKODE HOUSE, THOOVAYOOR SOUTH, KADABANADU, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ---------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. TAHSILDHAR, ADOOR 3. VILLAGE OFFICER, KADAMBANADU PATHANAMTHITTA DISTRICT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 25423 OF 2008 B ==================== Dated this the 22nd day of August, 2008 J U D G M E N T Petitioner is aggrieved by Ext.P1, a revenue recovery notice, issued by the 2nd respondent for the realisation of Rs.1 lakh from him being the court fine. According to the petitioner, he had executed a surety bond for Rs 1 lakh for enlarging one Sri.Anandan, the accused in CC 769/2003, on the file of Judicial First Class Magistrate Court No.1, Pathanamthitta on bail. It is stated that on his conviction though, he had lost the appeal, the matter is pending consideration of this court in Crl.R.P.No.4609/06. Since he did not comply with the conditions of the interim order passed by this court in the Crl.R.P, proceedings are now initiated against the petitioner being the surety before the Trial Court. 2. In this writ petition, though the petitioner admits the aforesaid facts, all that he requests is that the proceedings may be deferred for a period of one month from now, so that in the meanwhile, Sri.Anandan, petitioner in the Crl.R.P. will comply WPC 25423/08 :2 : with the terms of the interim order so that he could get himself exonerated of the liability. 3. I feel the request is reasonable and that no harm will be caused if the recovery proceedings against the petitioner is deferred for a period of one month from today. 4. Accordingly, it is directed that further proceedings pursuant to Ext.P1 against the petitioner be kept in abeyance for a period of one month from today and that in the meanwhile, if the petitioner does not either discharge the dues or if the petitioner in Cri.R.P. does not comply with the terms of the interim order, it will be open to the respondents to proceed with the matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp