IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 5775 of 2008(K) --------------------------------------- PETITIONER: --------------------- PALORAN PAVITHRAN, S/O.GOPALAN, KUNDANCHALIL HOUSE, POOKODE P.O., KOOTHUPARAMBA, THALASSERY. BY ADV. SRI.V.BINOY RAM RESPONDENT: --------------------- MADHAVI, POLAPPADY HOUSE, MOKKERY AMSOM DESOM, THALASSERY TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.5775 OF 2008 -------------------------- Dated this the 19th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred with a prayer to quash Ext.P2 on the ground that it is against the principles of fundamental rights and is violative of the natural justice of the petitioner. The writ petitioner before me is a school teacher who is a judgment debtor in a suit for arrears of rent . The total amount claimed as per the execution comes to Rs. 12,248/- and it is seen that Rs.6,500/- had been paid. Only a small amount remains as balance and I feel, when the judgment debtor wants to pay off the amount, he need not be sent to jail causing unnecessary embarrassment to him. 2. Therefore, I set aside the order passed by the Munsiff, Kuthuparamba and direct him to recall the warrant of arrest and further direct the writ petitioner herein to pay the balance amount within a period of one month from today, failing which the decree holder can again request the court to issue the warrant of arrest. The writ petition is disposed of, accordingly. (M.N.KRISHNAN, JUDGE) ps