IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 17486 of 2010(I) -------------------------- PETITIONER: --------------- J.DHARMARAJAN,AGED 52 YEARS, S/O.JANARDHANAN,KALLUKUTHIYAVILA VEEDU, KALLUVETTANKUZHI,VIZHINJAM.P.O, THIRUVANANTHAPURAM. BY ADV. MR. AJITH KRISHNAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF FORESTS,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPOT OFFICER,TIMBER SALES DEPOT, ACHANCOIL RANGE,KOLLAM DISTRICT. 3. THE DEPUTY TAHSILDAR,REVENUE RECOVERY, NEYYATTINKARA,THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER FOR FORESTS MR. POULOSE P.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 17486 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of June, 2010 JUDGMENT The petitioner was the successful bidder of timber in the public auction conducted by the Forest Department on 23.8.2009 and the bid was confirmed in the name of the petitioner, for a total sum of Rs. 79,830/-. Eventhough the petitioner effected payment of Rs.20,000/- as initial deposit, the balance could not be satisfied because of some unforeseen circumstances. The department conducted a re-auction and the loss resulted therefrom was sought to be satisfied by the petitioner. In the said circumstances, the petitioner preferred W.P. (C) No. 33818 of 2003, which led to Ext.P1 judgment, whereby the petitioner was permitted to file objection to the impugned proceedings and on such event the concerned respondent was directed to have it considered and finalized. The recovery proceedings were intercepted on condition that the petitioner deposited a sum of Rs. 7500/- which is stated as complied with. 2. The learned counsel for the petitioner submits that the grievance projected by the petitioner in this Writ Petition is with regard to the liability mulcted upon the petitioner, as borne by Ext. P3, demanding a sum of Rs. 28,297/- with such other charges, without W.P. (C) No. 17486 of 2010 : 2 : giving credit to a sum of Rs. 7500/- already satisfied by the petitioner in this regard, pursuant to Ext.P1 judgment. It is also brought to notice of this Court that, the petitioner has filed Ext.P2 representation before the District Collector, Trivandrum seeking for appropriate relief. 3. The learned Special Government Pleader (Forests) submits, on instructions, that after giving credit to the sum of Rs. 7500/- satisfied by the petitioner, the balance liability is nearly Rs.20,800/-. The learned counsel for the petitioner seeks for indulgence of this Court to provide some reasonable installments. 4. Taking note of the particular facts and circumstances, this Court finds it fit and proper to permit the petitioner to clear the outstanding liability by way of '6' equal monthly installments; the first which shall be effected on or before the 15th July, 2010; to be followed similar installments to be effected on before the 15th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is made clear that, if the petitioner commits any default in satisfying the installments as above, the respondents will be at liberty to proceed with the recovery proceedings stated as being pursued against the petitioner, from the stage where it stands now. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd