IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 14060 of 2006(W) -------------------------- PETITIONER(S): --------------- MUHAMMED, AGED 46 YEARS, S/O.MOOSA, RESIDING AT BOMBRANA HOUSE, ARIKADY VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, ARIKADY VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. 2. THE TAHSILDAR, KASARGOD TALUK, KASARGOD DISTRICT. BY GOVERNMENT PLEADER SRI. L.G. SURESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 16.5.2006 ISSUED BY THE 2ND RESPONDENT THROUGH THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 14060 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT When the Writ Petition was admitted, instead of granting stay, this Court granted facility to the petitioner to pay-off arrears in instalments. If instalments are paid in terms of the interim order, then arrears would have been settled long back. In any case since the amount sought to be recovered is penalty levied by the Magistrate, recovery can be continued if the petitioner does not get the amount reduced in appeal before the Sessions Court. W.P. is closed as above leaving freedom for recovery of the amount sustained in appeal, if any, filed. (C.N. RAMACHANDRAN NAIR) Judge kk 2