IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 12542 of 2008(R) -------------------------- PETITIONER: ------------ 1. A.R. RAMASWAMY, S/O.LATE A.R.RAMANATHAN 1/7, AISWARYA APARTMENTS, NO.22, SRINIVASA AVENUE R.A.O. PURAM, CHENNAI-28 2. A.R. RANGANATHAN S/O.LATE A.R.RAMANATHAN, 32/176 VADAKANTHARA ROAD, PALAKKAD. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. DIVISIONAL FOREST OFFICER, OLAVAKKOD PALAKKAD-9. 3. THE DEPUTY TAHSILDAR (RR), PALAKKAD. 4. VILLAGE OFFICER, PALAKKAD VILLAGE PALAKKAD. BY SPECIAL G.P. (FOREST) RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.12542 of 2008 ================== Dated this the 10th day of July, 2008 J U D G M E N T The petitioners' father who was a timber dealer participated in an auction for purchase of timber from the Forest Department and was the successful bidder. Sale was confirmed in his name, but he did not pay the balance purchase price and take delivery of the timber. Therefore, the contract was cancelled and by Ext.P5 proceedings, the petitioners' father was directed to pay an amount of Rs.2,12,265/- as loss caused to the Department on account of breach of contract committed by the petitioners' father. The petitioners' father filed O.P.No.19071/2001 challenging the same. During the pendency of the writ petition the petitioners' father died and the petitioners impleaded themselves as additional petitioners in the writ petition, which was disposed of by judgment dated 20.6.2007, directing the petitioners to file a representation seeking exemption from paying the amount demanded in view of alleged similar privilege having been given to other auction purchasers during the same w.p.c.12542/08 2 period. The Government, by order dated 22.3.2008, rejected the request made by the petitioners on the ground that it is not a good practice to give exemption from recovery of loss sustained to the Government, taking into account a particular case. That order is under challenge in this writ petition on the the ground of discrimination. However, the petitioners now offer to pay the principal amount in a lump sum without prejudice to the contentions of the petitioners, provided the interest is waived. The petitioners submit that an amount of Rs.35,000/- has already been paid as per the interim order in the earlier writ petition. I directed the learned Special Government Pleader (Forest) to get instructions on this offer. Today he submits that the Forest Department on its own cannot take such a decision and such a decision can be taken only by the Government. He further submits that no scheme for One Time Settlement is in force at present. In the above circumstances, I dispose of this writ petition with the following directions: If the petitioners file a suitable representation before the Government putting forward the above offer, the same shall be considered by the Government, sympathetically, as expeditiously w.p.c.12542/08 3 as possible, at any rate, within a period of three months from the date of receipt of the representation. I make it clear that this is without prejudice to the contentions of the petitioners on merits on the liability of the petitioners. The petitioners shall produce a certified copy of this judgment along with the representation before the Government for compliance. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge