IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37315 of 2008(P) ----------------------------------- PETITIONER : ---------------- SHAJI.V.S., SOUTH INDIAN TIMBER AND HILL PRODUCE, VADAKKANCHERRY, PALAKKAD DISTRICT BY ADV. SRI.B.V.JOY SANKER RESPONDENTS : ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, FOREST & WILD LIFE DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 3. CHIEF FOREST CONSERVATOR NORTHERN REGION KOZHIKODE. 4. DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT. 5. FOREST RANGE OFFICER, NELLIYAMPATHY, PALAKKAD. GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ---------------------------------- W.P(C). No. 37315 of 2008 ------------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT The prayer in this writ petition is to direct the respondents not to demand any ground rent or other similar charges from the petitioner for the articles auctioned by him. 2. It is stated that petitioner was the successful bidder of lot numbers 33 to 39 of Pepper and lot Nos. 40 to 42 of Pepper Polla pursuant to auction notice published by the 4th respondent. It is stated that final payment was made as per the condition of auction. As per Clause 7B of the conditions of auction, petitioner ought to have paid entire value and removed the goods within one month from the date of confirmation of the auction, in which case interest or ground rent is not payable. From the facts, it can be seen that the auction was confirmed on 15/10/2008 and the same was communicated to the petitioner on 27/10/2008. In the meantime, in W.P(C) No. 30828 of 2008 a stay order was passed by this court on 22/10/2008 staying removal of the auctioned materials, which continued till 26/11/2008. In view of the interim order of stay referred above, the petitioner filed W.P(C) No.34043 of 2008 and vide Exhibit P2 judgment, this Court extended the time for payment of the balance W.P(C). No. 37315 /2008 2 amount till 15/12/2008. It was adduced that if payment is so made, that will be accepted as payment in time. Accordingly, the petitioner made payment also. However, when the petitioner attempted to remove the goods, the respondents demanded ground rent and that led the petitioner to file this writ petition. 3. Learned Government Pleader contends that the petitioner is bound to comply the conditions in clause 7 B of the auction notice and he ought to have paid the value and removed the goods within 30 days from the date of confirmation of the auction. It is contended that admittedly the petitioner made payment only on 15/12/2008 and that hence he is liable for the consequences provided in clause 7B. It is also pointed out that though this court passed an interim order against the removal in W.P(C) No.30828 of 2008, petitioner could have made the payment and thus complied with the terms of clause 7B. It is on these grounds, learned Government Pleader sought to justify the demand for the payment of that ground rent. 4. As already noticed in the auction notice, the petitioner was required to make payment and remove the goods within one month from the date of communication of confirmation of the auction. Though the W.P(C). No. 37315 /2008 3 Petitioner did not make payment, still the petitioner cannot be faulted for its non compliance. As I have already noticed, during the aforesaid period, this court passed an order of stay on 22/10/2008 and even if the petitioner made payment, petitioner would not have been in a position to remove the articles. In such situation, the petitioner cannot be faulted even if he had not made payment. That apart this court in Exhibit P2 judgment allowed the writ petition and granted him time till 15/12/2008 to make the payment and petitioner made payment. It was also ordered that payment, if made as directed, shall be treated as made within the stipulated time. In view of all these the petitioner cannot be penalised under clause 7B of the Auction notice. Consequently, there is no justification in the demand made for the ground rent. Therefore, the writ petition is disposed of directing the respondents 1 to 5 to permit the petitioner to remove the articles without payment of any ground rent. Petitioner shall produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC, JUDGE scm