IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 OP.No. 2591 of 2003(H) ---------------------- PETITIONER: --------------- P. MOHAMMEDKUNHI, S/O. KUNHAMMED, HUDHA MANZIL, BENDICHAL, P.O. THECKIL, KASARAGOD. BY ADV. MR. SAJEEV KUMAR K.GOPAL RESPONDENTS: --------------- 1. THE TAHSILDAR (REVENUE RECOVERY) KASARAGODE. 2. THE VILLAGE OFFICER, THEKKIL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ O.P No . 2591 of 2003 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 19th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : (i) issue a Writ of Certiorari or other appropriate writs, directions or orders calling for the records leading up to Ext. P2 and quash the same; (ii) issue a writ of mandamus or other appropriate writs, directions or orders directing the 1st respondent or accept the amount of Rs. 19,000/- in ten equal monthly instalments; (iii) render such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. It is stated in paragraph Nos. 4 and 5 of the original petition that the liability sought to be realized from the petitioner was mainly under two heads; first by virtue of a claim petition preferred by his wife before the Judicial First Class Magistrate's Court, Payyannur for maintenance and other one in respect of the liability towards the Kerala Motor Transport Welfare Fund pertaining to the vehicle bearing No. KL14/A 399 owned by the petitioner. Despite the above position, the petitioner has not chosen to implead his wife and the authorities under the Kerala Motor Transport Workers Welfare Fund Board in the original O.P. No. 2591 of 2011 : 2 : petition. There is no representation for the petitioner as well, when the matter is taken up for final hearing. In the said circumstances, the Original Petition is dismissed for non-prosecution. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge