IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 15136 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------ DEVIS, S/O. DEVASSY, PAYYAPPILLY HOUSE, KURUMASSERY EAST, PARAKKADAVU, ERNAKULAM DISTRICT. BY ADVS. MR.A.C.DEVY, MR.T.S.SUMESH. RESPONDENT(S): --------------------------- 1. SPECIAL TAHSILDAR, REVENUE RECOVERY, ALUVA. 2. VILLAGE OFFICER, PARAKKADAVU, ALUVA. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.15136 OF 2009 ......................................................................... Dated this the 15 th June, 2009 J U D G M E N T The petitioner was a surety to the accused in four cases, viz., S.T.Nos. 561 of 2006, 530 of 2008, 546 of 2008 and 538 of 2006. Subsequently, the accused did not appear before the court, whereby the concerned Magistrate was constrained to cancel the bail bond, simultaneously initiating appropriate M.C. proceedings against the sureties as well. Pursuant to the orders passed in M.C.Nos. 45,46,47 and 48 of 2008, the bond was forfeited and the petitioner was proceeded against for realisation of the bond amount, which led to revenue recovery proceedings , as evident from Exts. P1 to P4, which in turn have been sought to be intercepted by filing the present Writ Petition. 2. Heard the learned Government Pleader as well. 3. Obviously, the orders passed by the Magistrate in the M.C. proceedings have not been subjected to challenge . The limited prayer now made from the part of the petitioner is that he may be permitted to clear the entire liability by providing W.P.(C) No.15136 OF 2009 2 some reasonable time, particularly, in view of the poor pecuniary circumstances of the petitioner, who is stated as an agriculturist. 4. Considering the above facts and circumstances, the petitioner is permitted to clear the entire liability covered by Exts.P1 to P4 by way of six equal monthly installments the first of which shall be paid on or before the 30th of this month and the remaining installments on or before the 30th of the succeeding months. It is made clear that if any default is committed by the petitioner in remitting the installments as above, the respondents will be at liberty to proceed against the petitioner with further steps, for realisation of the entire outstanding liability (on the basis of Exts. P1 to P4) in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk