IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 28438 of 2009(Q) ---------------------------------- CC.269/1997 of J.M.F.C.-II(FOREST OFFENCES),MANJERI .................... PETITIONER(S): ------------------- MENATTUKUZHIYAN SAIDALAVI HAJI, AGED 60 YEARS, S/O.MAMMED, VELLUVAMPRAM, MUTHIRAPARAMB DESOM, MALAPPURAM DISTRICT. BY ADVS. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR MALAPPURAM. 2. TAHSILDAR, ERNAD TALUK, MALAPPURAM. 3. THE VILLAGE OFFICER, POOKOTOOR, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT.PLEADER SRI.P.R.JAYAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.S.GOPINATHAN, J. ------------------------------------ W.P.(C) No.28438 OF 2009 ------------------------------------- Dated this the 13th day of December, 2010 J U D G M E N T ~~~~~~~~~~~ The writ petitioner was convicted by the Judicial Magistrate of First Class-I, Manjeri in C.C.Nos.273/1997 and 269/1997, both for offence under Section 138 of the Negotiable Instruments Act. The writ petitioner had undergone substantive sentence. As certified in Ext.P3, the writ petitioner was also sentenced to fine of Rs.50,000/- and 48,000/- respectively. For realisation of Rs.25,000/-, a part of the fine, Tahsildar, Eranad had sent Ext.P4 notice to the Village Officer, Pookkottoor for initiating coercive steps. Assailing Ext.P4, this writ petition was filed. 2. Having heard either side, I find no reason to assail Ext.P4. The conviction and sentence imposed upon the writ petitioner had become final and the petitioner has no other go, but to remit the fine amount. By Ext.P4, only steps were initiated for realisation of fine amount. Ext.P4 is no way vitiated. I find no reason to interfere with Ext.P4 notice in W.P.(C) No.28438/2009 2 exercise of the powers vested on this Court under Article 226 of the Constitution of India. However, the learned counsel for the petitioner submitted that the writ petitioner is devoid of any means to pay the fine amount and atleast four months time may be given to him to remit the fine amount. In the above circumstances, this Writ Petition is dismissed as devoid of any merits. The writ petitioner is granted four months time to remit the fine amount. (P.S.GOPINATHAN, JUDGE) ps