IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WA.No. 567 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9517/2011 Dated 11/04/2011 .................... APPELLANT(S): PETITIONER ------------------------------ V.K.BABU RAJAN,S/O.KOCHUPILLAI, PWD CONTRACTOR,VANTHUPARAMBIL, PO ULLIKKAL, KANNUR DISTRICT, PIN 670 705. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): RESPONDENTS ------------------------------------ 1. THE MANAGING DIRECTOR,ROAD & BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD., M.V.ROAD, PALARIVATTOM, ERNAKULAM,KOCHI , PIN 682 025. 2. THE SPECIAL DEPUTY TAHSILDAR(RR), TALUK OFFICE,TALIPARAMBA, KANNUR DISTRICT,PIN 670 141. R1 BY ADV.SRI.M.VIJAYA KUMAR R2 BY SR.GOVT.PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.A.No. 567 of 2011 ---------------------------------------------- Dated this the 26th day of May, 2011 JUDGMENT Antony Dominic J. The petitioner in W.P(C).No.9517 of 2011 has filed this appeal aggrieved by the interim order dated 11th April, 2011, passed by the learned Single Judge granting stay of coercive proceedings pursuant to Exhibits P6 and P7, on condition that the appellant remits a sum of Rs.10,00,000/-. It appears that the petitioner had entered into a contract with the first respondent for toll collection and admittedly, he has committed default in paying a part of the amount due. When that amount was sought to be recovered, the appellant filed the Writ Petition. Admittedly, the appellant owes some money to the first respondent and by the impugned proceedings, more than `22 lakhs was sought to be recovered. It was considering these facts, the learned Single Judge passed the aforesaid order. The said order is purely a discretionary and interlocutory order and therefore, we see no reason to interfere with the order in this Writ Appeal. The Writ Appeal is dismissed. Sd/- J.CHELAMESWAR, CHIEF JUSTICE Sd/- ANTONY DOMINIC, JUDGE vgs /true copy/ PS TO JUDGE