IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 W.P(C).No. 15682 of 2008(P) ---------------------------------- PETITIONER: -------------- VARGHESE, AGED 45 YEARS, S/O.JOSEPH, CHAKKIRTHU MOODA, MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR COLLECTORATE,ERNAKULAM. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY ,ALUVA, ERNAKULAM. BY GOVT. PLEADER, SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 15682 OF 2008 - P = = = = = = = = = = = = = = = Dated this the 27th May, 2008. J U D G M E N T Petitioner was a surety for an accused in Sessions Case No. 371/06 before the VIth Additional Sessions Court, Ernakulam. It is the admitted position that against the terms of the bail, the accused did not make himself available in court and his whereabouts are unknown even to the petitioner. In view of the violation of the bond, the proceedings were initiated against the petitioner being the surety and the penalty amount of Rs.15,000/- is sought to be recovered by taking recourse to Revenue Recovery Act. Ext. P1 is the notice issued in pursuance thereof. Though the petitioner has raised several challenges against Ext. P1 when the matter was taken up for hearing all that the counsel for the petitioner sought for was some time to pay the amount and discharge the liability. 2. I heard the learned Govt. Pleader in this matter. Having regard to the submissions that are made, I also feel that the petitioner should be given a reasonable opportunity to discharge W.P.(C) No. 15682OF 2008 - 2 - the liability and avoid the revenue recovery action. 3. Accordingly, the writ petition is disposed of directing that 50% of the amount due from the petitioner in terms of Ext. P1 shall be remitted within one week from today and subject to such remittance Ext. P1 will stand deferred. Petitioner will also pay the balance 50% within 4 weeks thereafter. It is directed that in case the petitioner commits default in paying either of the two instalments, it will be open to the respondents to continue the revenue recovery proceedings and realise the amount. ANTONY DOMINIC JUDGE jan/-