IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 34043 of 2008(C) -------------------------------------- PETITIONER(S): ----------------------- SHAJI V.S. SOUTH INDIAN TIMBER & HILL PRODUCE, VADAKKANCHERRY, PALAKKAD DT. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST & WILD LIFE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORETS, FOREST & WILD LIFE DEPARTMENT THIRUVNANTHAPURAM. 3. THE CHIEF FOREST CONSERVATOR NORTHERN REGION,KOZHIKODE. 4. THE DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DT. 5. THE FOREST RANGE OFFICER, NELLIYAMPATHY,PALAKKAD DISTRICT. 6. THE SECRETARY, NATIONAL PLANTERS WORKERS UNION, NELLIYAMPATHY, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34043 of 2008 -------------------------- Dated this the 2nd December, 2008 J U D G M E N T Petitioner successfully bid lot Nos.33 to 39 of pepper and lot Nos.40 to 42 of pepper polla pursuant to Exhibit P1 auction. He quoted an amount of Rs. 36,20,000/- which was accepted. 50% of the amount was paid on the date of auction. Balance amount had to be paid within 40 days from the date of confirmation order. Confirmation came about under Exhibit P4 dated 20.10.2008. Admittedly, the balance amount has not been paid. Petitioner submits that there has been delay on the part of the petitioners in taking further steps both by way of confirmation and in releasing the goods which were confirmed; partly on account of an order of stay passed by this Court in WPC No.30828 of 2008. I find that this submission is correct. The said writ petition is pending disposal. There was an order directing respondents to retain the goods auctioned by them with the officials of W.P ( C) No.34043 of 2008 2 the Forest Department. In these circumstances, I find that reasonable time has to be given to the petitioner to pay 50% of the balance amount. Accordingly, if the petitioner pays the amount due as per Exhibit P5, namely, 27,39,325/- on or before 15.12.2008. It shall be treated as payment within the stipulated time and further steps shall be taken by the respondents to release the goods bid for by the petitioner pursuant to Exhibit P5. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.34043 of 2008 3 W.P ( C) No.34043 of 2008 4