IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 22054 of 2010(F) -------------------------------------- PETITIONER: ------------------- GIRIDAS, AGED 42 YEARS,S/O.PONNAPPAN PILLAI, SREEDEVI VEEDU, CHATHINAMKULAM, MANGAD, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, KOLLAM. 3. VILLAGE OFFICER, MANGAD VILLAGE, KOLLAM. R1 TO R3 BY GOVT. PLEADER SRI. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.22054 of 2010-F ---------------------------- Dated this the 15th day of July, 2010. J U D G M E N T The petitioner was a surety to the accused in C.C.No.174 of 2007, on the file of the Chief Judicial Magistrate's Court, Kollam. Because of the non appearance of the accused, bail bond was cancelled and M.C was registered (M.C.No.62/2009) against the petitioner, followed by the adverse orders therein. 2. The case of the petitioner is that, the petitioner was not aware of the non appearance of the accused and on coming across the recovery proceedings initiated against the petitioner under the Revenue Recovery Act, the petitioner rushed to the Magistrate's Court for obtaining certified copy of the order in M.C No.62 of 2009, so as to avail the statutory remedy as prescribed under Section 449 of the Code of Criminal Procedure. The petitioner is constrained to approach this Court because of the recovery proceedings under the Revenue Recovery Act. 3. Heard the learned Government Pleader as well. 4. Considering the limited nature of the relief prayed for, W.P(C) No.22054 of 2010-F 2 this Court finds that the petitioner could be given some breathing time. Accordingly, the petitioner is relegated to avail the appropriate remedy, if aggrieved of the impugned order. So as to enable the petitioner to pursue such exercise, the coercive proceedings pursuant to Ext.P1 shall be kept in abeyance for a period of one month. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab