IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WA.No. 434 of 2008 -------------------------- AGAINST THE JUDGEMENT IN WPC.5229/2008 DATED 15/02/2008 .................... APPELLANT/PETITIONER: ------------------------------------ K.T.KURUVILA, KADICHEENI HOUSE, KAVANAD ROAD, VADAMA VILLAGE, P.O.MALA, THRISSUR DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, MUKUNDAPURAM TALUK. 3. THE REVENUE RECOVERY OFFICER, (DEPUTY TAHSILDAR (R.R.), MUKUNDAPURAM. ADDL.4. SUNIL ANTONY, S/O.LATE A.P.ANTONY, RESIDING AT AYINIKKAL HOUSE, KUNDUR, TRICHUR DISTRICT. (ADDL.4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 22.2.2008 IN I.A.NO.206 OF 2008) R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.434 of 2008 ------------------------------------------ Dated, this the 22nd day of February, 2008 JUDGMENT H.L.Dattu, C.J. Ext.P9 notice issued by the Tahsildar, Mukundapuram Taluk was called in question by the petitioner in W.P.(C) No.5229 of 2008. While questioning the said notice, the petitioner only requested this Court to grant him some reasonable time to pay up the entire amount demanded in Ext.P9 notice in order to save his immovable property. 2. The learned Single Judge, tracing the history of the case, has thought it fit not to entertain the request of the petitioner and accordingly has rejected the writ petition by his order dated 15th February, 2008. 3. Being aggrieved by the aforesaid order passed by the learned Single Judge, the petitioner in the writ petition has filed the present writ appeal. 4. When the matter was posted before this Court on 21.2.2008, we had directed the appellant before us to show his bona fides by filing an affidavit indicating therein in what manner he is going to comply with the demand made in Ext.P9 notice. 5. Now, an affidavit is filed by the appellant. In paragraph 2 of the said affidavit, it is stated that the appellant shall deposit a sum of Rupees fifty lakhs on or before 23rd February, 2008 and the balance of amount will be deposited by him as may be directed by this Court. He has also stated that if for any reason the appellant fails to deposit the amount as agreed upon and as permitted by this Court, the proceedings initiated under Ext.P9 notice may go on. W.A.No.434 of 2008 2 6. The affidavit filed by the appellant requires to be extracted and it is extracted. The same reads as under: “I, K.T.Kuruvila, aged 63 years, S/o.K.K.Thomas, Kadicheeni House, Kavanad Road, Vadama Village, P.O.Mala, Thrissur District do hereby solemnly affirm and state as follows: 1. I am the appellant in the above Writ appeal. The appeal is against the dismissal of W.P.(C) No.5229 of 2008. It is mainly contended that in spite of the preparedness of the appellant to remit a substantial portion of the amount demanded in Exhibit P9, the facility for remittance by instalments was not afforded to me. 2. When the appeal came up for admission this Hon'ble Court was pleased to direct the appellant to file an affidavit that he is prepared to remit Rs.50 lakhs by the 23rd February, 2008 and remit the remaining balance within the time fixed by this Hon'ble Court. I hereby undertake that I will be remitting a sum of Rs.50 lakhs within 23rd February, 2008 and the remaining on a date ordered by this Hon'ble Court. Failing such remittance I also agree that the proceedings for sale can go on. This undertaking may be recorded, subject to the concessions offered under the new Abkari policy. What is stated above are true. Dated this the 21st day of February, 2008.” 7. In view of the undertaking given by the appellant, in our opinion, at this stage, we need not have to go into the merits or demerits of the case pleaded by the appellant in the memorandum of writ appeal. W.A.No.434 of 2008 3 8. We, therefore, pass the following: ORDER i) Writ appeal is disposed of. ii) The affidavit of undertaking given by the appellant is placed on record. iii) The appellant shall deposit a sum of Rupees fifty lakhs on or before 23rd February, 2008 before the appropriate authority. iv) The balance of amount as demanded in Ext.P9 notice, the appellant shall deposit the same before the appropriate authority on or before 10th of March, 2008. v) If for any reason the appellant fails to comply with the undertaking and the direction issued by us, the respondents are at liberty to proceed to recover the amount in accordance with law. Till such time, Ext.P9 notice issued by the Tahsildar, Mukundapuram Taluk is kept in abeyance. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns