IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 20448 of 2007(H) --------------------------------------- PETITIONERS: --------------------- 1. NAZIMUDEEN, AGED 26 YEARS, S/O.ABDUL SAMAD, BUSHARA MANZIL, KUDAVOOR, NJARAYILKONAM, THIRUVANANTHAPURAM DISTRICT. 2. SIDDIQUE, S/O.ABDUL SAMAD, KUNNUMPURATH VEEDU, KUDAVOOR, NJARAYILKONAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF. RESPONDENTS: ------------------------ 1. KADAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, SPECIAL GRADE, KADAKKAL P.O., PIN: 691 536. 2. DEPUTY DIRECTOR OF PANCHAYATHS, KOLLAM. R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR, R2 BY GOVT. PLEADER SMT. SMITHA SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20448/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE NO.A5-165/98 DTD. 19/12/2005 ISSUED BY THE R.1. TO THE P.1. EXT.P.2: COPY OF THE NOTICE NO. A5-165/98 DTD. 19/12/2005 ISSUED BY THE R.1. TO THE P.2. EXT.P.3: COPY OF THE NOTICE NO. A5-165/98 (II) DTD. 15/12/2006 ISSUED BY THE R.1. TO THE P.2. EXT.P.4: COPY OF THE COMPLAINT DTD. 05/05/2006 FILED BY THE R.1. BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTARAKKARA AGAINST THE P.1. EXT.P.5: COPY OF THE COMPLAINT DTD. 05/05/2006 FILED BY THE R.1. BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTARKKARA AGAINST THE P.2. EXT.P.6; COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE R.2. DTD. 11/06/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20448 of 2007-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of April, 2010. Judgment The petitioners are in occupation of certain shop rooms belonging to the panchayat. On account of non-payment of rental and other dues, the panchayat exercised its coercive steps and took into custody movables belonging to the petitioners. As of now, the learned counsel for the petitioners states that the petitioners would be satisfied, if they save themselves from criminal proceedings even by paying off the entire amounts due to the panchayat. Under such circumstances, this writ petition is ordered directing that if the petitioners remit the amounts due to the panchayat, including accruals, as may be demanded by the panchayat within three months, seized goods shall be released to the petitioners in as is where is condition and any steps for criminal proceedings will stand dropped. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1604