IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 794 of 2007() -------------------- AGAINST THE JUDGEMENT IN WPC.28341/2003 Dated 20/12/2006 .................... APPELLANT(S): PETITIONER ------------------------- ABDUL ALI, S/O. MOHAMMED ALI, KAJIRALA HOUSE, AREEKODE AMSOM AND DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENT(S): RESPONDENTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST WILD LIFE DEPARTMENT, TRIVANDRUM. 2. CHIEF FOREST CONSERVATOR, TRIVANDRUM, DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION, PALAKKAD. 3. DEPOT RANGE OFFICER, FOREST CENTRAL DEPOT., ARUVAKKAD, NILAMBOOR. BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.794/2007 ----------------------------- Dated this 27th day of January, 2009 JUDGMENT Koshy (Ag.C.J.) Petitioner was the auction purchaser in respect of 18 lots of timber. Ext.P1 tender conditions provided for 60 days time for depositing the amount in clearing the goods. But he could remove the goods by paying the balance amount with 18% interest within thirty days. A further period of extension is possible, if the balance amount is paid with 24% interest. If there was no removal within the extended period, the DFO could re-auction the timber after giving 15 days notice and the petitioner will be bound to pay the loss also. Petitioner could remove only four lots within the extended period. Government however, permitted extension for a period of two months. He removed three lots. For the balance eleven lots, Government extended time for removal, on condition that he pays 48% interest as penalty. Petitioner did not remove the goods. Therefore, the goods were sold for a W.A.794/2007 2 higher price and no loss was caused to the Department. His liability for 48% interest is only if he is allowed to remove the goods within the time stipulated in Ext.P1. Since that is not done, 24% interest can alone be levied in relation the price of eleven lots. Therefore, the amounts demanded in Ext.P5 is modified. Government has to re-calculate the amounts due from the petitioner. Writ appeal is allowed as above. sd/- J.B.KOSHY, Acting Chief Justice sd/- V.GIRI, Judge mrcs //true copy// P.A. to Judge