IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 24360 of 2001(Y) ----------------------- PETITIONER: ------------ M SAINALUDHEEN, AGED 80, SON OF LATE MUSTHAFA, KALLUVETTAMKUZHI VEEDU, NILAMEL P.O., KOTTARAKKARA. BY ADV. SRI.M.V.IBRAHIMKUTTY RESPONDENTS: ------------- 1. THE COMMISSIONER OF REVENUE, KERALA STATE, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TAHSILDAR (RR), KOTTARAKKARA. BY GOVERNMENT PLEADER SRI. K.P. PRADEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 39860 OF 2001 IN OP 24360 OF 2001 DISMISSED 8.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 3.7.2001 EXT.P2 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 31.7.2001 EXT.P3 TRUE COPY OF THE STAY PETITION DATED 31.7.2001 RESPONDENTS' EXHIBITS:NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 24360 OF 2001 -------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of loss caused by the petitioner to the Govt. Recovery was in the form of proposal for arrest and since petitioner was found to be living in affluent conditions and his wife is having 5 acres of yielding rubber plantation, this court modified the stay order directing payment of Rs. 30,000/- within three weeks from 4.1.2008, failing which he was ordered to be arrested. It is not known whether petitioner made the payment and if not whether he was arrested. If direction is not carried out then Government should take disciplinary action against officers involved. Therefore there will be direction to the Government to take disciplinary action against the officers concerned. In any case there is no justification to keep the O.P. pending because demand is loss caused by the petitioner to the Govt. in failing to remit the sale price for the various produce purchased by him in terms of the tender conditions. Petitioner admittedly did not remit the sale price or lifted the materials. 2 Therefore in terms of the tender conditions goods were resold at the risk and cost of the petitioner. The amount sought to be recovered is the loss sustained by the Government which is payable by the petitioner. O.P. is therefore dismissed as devoid of any merit. (C.N. RAMACHANDRAN NAIR) Judge kk 3