IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 22798 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- ISAC JOHN, S/O.JOHN, AGED 53 YEARS, KANJIRATHINKAL HOUSE, MANANTHAVADI P.O., WAYANAD DISTRICT. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) SRI.V.K.SUBRAMANIAN RESPONDENT(S): ------------------------- 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE, MANANTHAVADI, PIN-670 645, WAYANAD DISTRICT. 2. THE EDAVAKA GRAMA PANCHAYAT, EDAVAKA P.O., MANANTHAVADI TALUK, REPRESENTED BY THE SECRETARY, THE EDAVAKA GRAMA PANCHAYAT, EDAVAKA P.O., MANANTHAVADI TALUK-670 645. R1 BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22798/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 2.4.1991. P2:- COPY OF THE JUDGMENT IN OS. 290/93. P3:- COPY OF THE DECISION DTD. 19.3.06 OF 2ND RESPONDENT. P4:- COPY OF THE DECISION DTD. 10.10.08 OF 2ND RESPONDENT . P5:- COPY OF THE DEMAND NOTICE DTD. 17.2.09. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.22798 OF 2010 ---------------------------------------------- Dated this the 10th day of August, 2011 JUDGMENT The petitioner was an auction purchaser of right to mine sand from the river within the jurisdiction of the 2nd respondent Panchayat. The bid amount was not paid by the petitioner. Therefore, the respondent has initiated revenue recovery proceedings for recovery of the auction amount. That is under challenge in this writ petition by the petitioner on the ground that no revenue recovery proceedings can be initiated by the Panchayat under Section 210 of the Kerala Panchayat Raj Act for recovery of amounts due for sand mining. When it was pointed out to the learned counsel for the petitioner that the word 'rate' in Section 210 would include the value of sand also, the learned counsel for the petitioner submits that the petitioner has already sought the indulgence of the 2nd respondent in the matter of reduction of interest and the petitioner now seeks only reduction in interest. Despite service of notice on the 2nd respondent Panchayat, none appears for the Panchayat. W.P.(C)No.22798/10 2 2. I have heard the learned Government Pleader also. At the time of admission, this Court directed the petitioner to pay the principal amount of Rs.1,07,925/-. 3. The learned counsel for the petitioner submits that the petitioner has already paid that amount and he would be satisfied, if the 2nd respondent is directed to consider the petitioner's request for waiver of interest. 4. In the above circumstances, this writ petition is disposed of with the following directions: If the petitioner has paid the amount of Rs.1,07,925/-, the 2nd respondent shall take a decision on the petitioner's request for reduction or waiver of interest, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Till then, the coercive recovery of the balance amount shall be kept in abeyance. S. SIRI JAGAN, JUDGE acd W.P.(C)No.22798/10 3 W.P.(C)No.22798/10 4