IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 31046 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. AMINA,AGED 48 YEARS,W/O.MOIDU, PAKOOR HAJEE VALAPIL,BEACH ROAD, VATAKARA. 2. HYDER, S/O.MAMMU,PAKOOR HAJEE VALAPIL, CHERANTAVIDA-BEACH ROAD, VATAKARA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, VATAKARA VATAKARA 2. THE TAHSILDAR,VATAKARA 3. THE DISTRICT COLLECTOR, COLLECTORATE,KOZHIKODE. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 31046 OF 2010 ------------------------------------- Dated this the 16th day of November, 2010 JUDGMENT Challenge in this Writ Petition is against revenue recovery steps initiated pursuant to Exts.P2 and P3 notices for realisation of amounts due from the petitioners by virtue of orders issued by the Judicial First Class Magistrate Court, Vadakara in M.C. No. 56/2006. It is revealed that the petitioners stood as surety with respect to the accused in C.C. No. 584/2001 on the files of Judicial First Class Magistrate Court, Vadakara and the proceedings in question was initiated pursuant to non appearance of the accused before that Court. It is stated that the accused in the case was convicted and sentenced to undergo rigorous imprisonment of one year. The accused had filed appeal against the conviction and further revision before this Court. 2. It is stated by learned counsel appearing for the petitioners that this Court has imposed of the criminal revision petition on the basis of compromise arrived 2 WP(C) No. 31046/2010 between the accused and complainant and the accused was acquitted. (judgment in Crl.R.P.1361/2006). In view of the acquittal of the accused, learned counsel for the petitioners submitted that, they are intending to seek appropriate remedy for recalling the recovery steps either by approaching the Judicial First Class Magistrate Court, Vadakara or the appropriate appellate authority. On the above said premise the petitioner is requesting for a limited relief to keep in abeyance the recovery steps for a short period. 3. Under the above circumstances, I am inclined to dispose of the Writ Petition reserving liberty to the petitioners to seek appropriate remedy as mentioned above. However, in order to facilitate the petitioner to seek appropriate relief, the coercive steps of recovery now initiated pursuant to Exts.P2 and P3 shall be kept in abeyance for a period of one month from today. C.K. ABDUL REHIM JUDGE dnc