IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 32125 of 2006(Y) -------------------------- PETITIONER(S): --------------- A. PRADEEP, S/O.VELAYUDHAN, AMBALAPPADY HOUSE, MUTHUKAD, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH, MALAPPURAM DISTRICT. 3. THE DEPUTY TAHSILDAR (R.R.) NILAMBUR TALUK, MALAPPURAM DISTRICT. BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LETTER DT.30.3.99 OF THE PRINCIPAL SECRETARY ADDRESSED TO THE CHIEF FOREST CONSERVATOR. P2: TRUE COPY OF RECEIPT SHOWING THE REMITTANCE OF INCOME TAX BY THE PETITIONER. P3: TRUE COPY OF LICENCE AND AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND R2 DT.9.4.99. P4: TRUE COPY OF REPORT SUBMITTED TO R2 BY THE FOREST RANGE OFFICER, EDAVANNA. P5: TRUE COPY OF JUDGMENT IN O.P. NO.4747/2001 DT.15.10.2005 OF THIS HON'BLE COURT. P6: TRUE COPY OF ORDER DT.23.8.2006 OF R1. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.32125 of 2006 .................................................................... Dated this the 16th day of July, 2009. JUDGMENT W.P. is filed challenging the demand of balance sales consideration for the purchase of cashew crop by the petitioner in the year 1999. The petitioner was a successful purchaser to take usufructs in one block of cashew plantation under the Forest Department for a total consideration of Rs.2,34,000/-. After purchase petitioner complained that crop was affected by disease and petitioner suffered loss. Contract does not provide for any rebate for any such happening. Even though petitioner has relied on report prepared by the expert, I do not find any provision in the contract for giving rebate. In any case having regard to the payment made by the petitioner and the allegation of loss and since petitioner has already paid Rs.1,87,997/-, I dispose of the W.P. by directing respondents to settle liability on payment of Rs.20,000/- in addition to Rs.1,87,997/- paid by the petitioner which is to be verified by the respondents. The petitioner is given time till 31st August, 2009 to pay the balance Rs.20,000/-. If petitioner makes payment as above, then no amount should be recovered from the petitioner towards balance 2 amount payable. However, if petitioner fails, the entire balance amount due with interest can be recovered by the respondents. C.N.RAMACHANDRAN NAIR Judge pms