IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37535 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. SOBHANA, PRASANTHI MANDHIRAM, KAIPADU, MEENADU, CHATHANNUR, KOLLAM. 2. RADHAMANI, RAJASREE SADHANAM, KAIPADU, MEENADU, CHATHANNUR, KOLLAM. BY ADV. SRI.DILEEP.P.PILLAI RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.37535 OF 2009 ------------------------------ Dated this the 23rd day of December, 2009 J U D G M E N T ---------------------- 1. Petitioners were sureties to accused in S.C.No:221/07 on the files of the Additional District & Sessions Court (Adhoc-I), Kollam. Consequent to non-appearance of the accused, M.C.No:121/08 was registered against the petitioners and fine to the tune of Rs.50,000/- each was imposed against them. According to the petitioners they were not having any knowledge about the proceedings and about imposition of fine. Only when recovery notices, as evidenced from Ext.P1 & Ext.P2, were received, they came to know about the proceedings. It is stated that the petitioners have already filed applications for getting certified copy of the order in M.C.121/08, with a view to file statutory appeal against that order. Under the above circumstances limited prayer of the petitioners is for a direction to keep in abeyance recovery steps, for a reasonable period, in order to facilitate the petitioners to file appeal against the order and to seek appropriate remedy from the appellate court. 2. Having considered facts and circumstances of the case I am of the opinion that some indulgence can be shown in the W.P.(C).37535/09-J 2 matter of directing to keep in abeyance coercive steps of recovery for a short period in order to facilitate the petitioners to approach the appellate court. 3. Therefore the writ petition is disposed of directing the respondents to keep in abeyance all further steps of recovery initiated pursuant to Ext.P1 & P2 notices for a period of six weeks from today. C.K.ABDUL REHIM, JUDGE. okb