IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 35081 of 2008(B) -------------------------- PETITIONER(S): --------------------- VALSAMMA, W/O BABY, PERIYAPPURATH VEED, MULAKKULAM KARA, PIRAVOM, ERNAKULAM DISTRICT. BY ADV. SRI.VINUCHAND RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM DISTRICT. 3. THE DEPUTY TAHASILDAR (RR),TALUK OFFICE, MOOVATTUPUZHA. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, PIRAVOM. BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.35081 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 JUDGMENT Petitioner is one of the sureties of one accused in C.C. No.722 of 2005 on the file of the Chief Judicial Magistrate Court, Thodupuzha. The case of the petitioner is that the accused failed to appear and bail bond was forfeited and a case was registered as M.C.16 of 2008 against the petitioner. Petitioner sought time highlighting the pendency of the transfer petition filed by the accused. It is the further case of the petitioner that the Magistrate has imposed penalty on the petitioner in M.C.16/2008. The Transfer Petition was disposed of by Ext.P1. It is also stated that the accused has appeared before the Magistrate in accordance with Ext.P1 judgment. Petitioner is now faced with Ext.P2 notice under the Revenue Recovery Act. According to the petitioner, she wants to challenge the order in the M.C. before the Sessions Court under Section 449 of the Criminal Procedure Code. In the meantime petitioner is served with Ext.P2 notice. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. Having regard to the case of the petitioner, I feel that some time can be given to the petitioner to approach the appropriate forum. WPC.35081/2008. 2 In such circumstances, it is ordered that proceedings pursuant to Ext.P2 will be kept in abeyance for a period of three weeks from today. The writ petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb