IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 33848 of 2005(D) -------------------------- PETITIONER: ------------ C.R.PRAKASH, SARASWATHY BHAVAN, KUNNIKODE, PATHANAPURAM, KOLLAM. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPREENTED BY THE CCHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, MALAYATTOOR. 4. THE DEPUTY TAHSILDAR (RR), PATHANAPURAM, KOLLAM DISTRICT. BY SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33848/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF NOTIFICATION ISSUED BY R2 DATED 12/11/1996. P2 : COP7Y OF NATIVITY CERTIFICATE SUBMITTED BY PETITIONER. P3 : COPY OF REVENUE RECOVERY NOTICE DATED 13/03/2001. P4 : COPY OF REPRESENTATION SUBMITTED BY PETITIONER. P5 : COPY OF JUDGMENT IN OP NO.34957/2001. P6 : COPY OF JUDGMENT IN W.A.NO.4088/2001. P7 : COPY OF RECEIPT SHOWING THE REMITTANCE OF RS.50,000/-. P8 : COPY OF LETTER DATED 02/12/2005 SENT BY PETITIONER THROUGH HIS COUNSEL TO R2. //TRUE COPY/// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.33848 of 2005 --------------------------------- Dated, this the 23rd day of July, 2008 J U D G M E N T Heard learned counsel for the petitioner and learned Government Pleader. 2. The petitioner, who purchased in auction conducted by the Forest Department 4256 teak poles for Rs.9,04,601/- by depositing Rs.20,000/-, failed to pay the balance sale price for lifting the materials. Even though sale was confirmed and time was granted to petitioner, petitioner did not remit the balance amount to release the materials. Consequently, in terms of the tender conditions, teak poles were reauctioned wherein it fetched only Rs.6,22,196/- to the Forest Department. The differential amount of Rs. 3,85,135/- is demanded from petitioner towards loss caused to the Department in the form of reduction in value and interest for delay in payment. Learned counsel for the petitioner contended that petitioner was not informed about the confirmation of sale. I do not think there is any bonafides in petitioner's claim because petitioner chose to approach this Court only when revenue recovery proceedings are initiated. It is specifically contended for respondents that the order of sale confirmation was issued to WP(C) No.33848/2005 -2- petitioner and petitioner did not bother to remit the balance sale price within the time granted and to lift the materials. Since tender conditions were accepted by the petitioner and since the sale provides for recovery of differential amount after reauction, challenge against revenue recovery proceedings is not tenable. However, having regard to the financial difficulties stated by petitioner, I feel interest can be waived provided petitioner clears the balance arrears after adjusting payments already made on or before 30/09/2008. If payment is made as above, no interest or collection charges should be recovered for the balance amount. However, if petitioner does not make payment voluntarily, waiver of interest and collection charges granted will stand vacated and respondents will proceed for recovery. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg