IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 744 of 2009(L) ----------------------------------- PETITIONER(S): --------------------- N.J. MARIAMMA I GRADE DRAFTSMAN (RETIRED) KALAPPURAYIL HOUSE, UDUPPUKAVALA, THURAVOOR.PO, ANGAMALY- 683 586. BY ADV. MR.N.SUGATHAN SMT.VARSHA BHASKAR MR.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARAIT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR (RE-SURVEY) THRIKKAKKARA, ERNAKULAM. 4. THE ACCOUNTANT GENERAL (A&E) KERALA THIRUVANANTHAPURAM. 5. THE DISTRICT TREASURY OFFICER DISTRICT TREASURY, ERNAKULAM. 6. THE BRANCH MANAGER STATE BANK OF TRAVANCORE, ANGAMALY, ERNAKULAM. R1 TO R5 BY SR.GOVERNMENT PLEADER MR.P. NANDAKUMAR. R6 BY ADV. MR.P.RAMAKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, ALONG WITH WPC NO. 590 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 744/2009-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 14/08/1990 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 30/08/1999 OF THE 4TH RESPONDENT. EXT.P3: COPY OF THE PENSION REVISION AUTHORISATION DATED 01/09/2008 OF 4TH RESPONDENT. EXT.P4: COPY OF THE ORDER NO.D.369/2004 (5) DATED 30/07/2008 OF THE 3RD RESPONDENT. EXT.P5: COPY OF THE LETTER NO.SY-F8-23109/2008 DATED 10/11/2008 OF 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P6: COPY OF THE JUDGMENT DATED 04/3/2003 IN O.P. NO. 16339/2002. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. K.P. Balachandran, J. -------------------------- W.P.(C)No.774 of 2009 P -------------------------- JUDGMENT Heard counsel for the petitioner. 2. Petitioner is the judgment debtor in O.S. No.139/04 on the file of the Munsiff's Court, Karunagappally. His grievance is that the court below has, accepting the evidence of the respondent/decree holder, ordered warrant against him, as he failed to appear in the court below to adduce evidence on his side to establish his plea of “no means” and that the review petitions filed by him were dismissed by the court below vide Exhibits P5 and P6 orders. 3. Petitioner has not produced the orders, where under the court below has found that the petitioner/judgment debtor is having means to discharge the debt. Without producing that order, he is not entitled to have the correctness of Exhibits P5 and P6 orders canvassed. However, the petitioner/judgment debtor is to get a second WPC 744/09 2 opportunity also to establish his plea of no means when brought under arrest. If the petitioner wants to avoid arrest, he can surrender before the execution court through Lawyer and establish his identity as judgment debtor and then, avail the second opportunity, to establish his plea of no means. This writ petition is disposed of with the above directions. 9th January, 2009 (K.P.Balachandran, Judge) tkv