IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19904 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ NANU, MANGADU, THARAYIL VEEDU, PADAVADAKKU, KARUNAGAPPALLY BY ADV. SRI.M.R.SASITH PANICKER SRI.SABAREENATH HARIHARAN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR,KOLLAM-691 001 2. DEPUTY TAHSILDAR (RR) KARUNAGAPPALLY-691 101 3. VILLAGE OFFICER, VILLAGE OFFICE, KARUNAGAPPALLY-691 101 R1 TO R3 BY GOVERNMENT PLEADER SRI.JOHN MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19904/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 19904 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2011 J U D G M E N T The petitioner was a surety for due presence of an accused in a prosecution under Section 138 of the Negotiable Instruments Act before a criminal court. For non-appearance of the accused, the court imposed a fine on the petitioner. The petitioner seeks installment facility to pay off the fine, in respect of which revenue recovery proceedings have been initiated. Having heard the learned Government Pleader also, I dispose of this writ petition with the following directions: The petitioner shall pay 50% of the amount before 31.08.2011. The balance 50% shall be paid on 01.10.2011 and on 01.11.2011. If the petitioner pays the instalments on due dates further proceedings pursuant to Ext.P1 shall be kept in abeyance. However, if the petitioner commits default in payment of any of the three instalments, it would W.P.(C)No. 19904 of 2011 -2- be open to the respondents to continue proceedings as now initiated as per Ext.P1 without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/