IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 5488 of 2005(C) ------------------------------------- PETITIONER: ------------------ K.HAMZA, KALARIKKAL HOUSE, O.K. ROAD, THIRUVANNUR (P.O), KOZHIKODE DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL FOREST CHIEF CONSERVATOR, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, SOUTH WAYANAD DIVISION, KALPETTA. GOVERNMENT PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).5488/2005-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.H5-19751/04 DATED 16/09/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE REQUEST MADE BY PETITIONER TO THE 3RD RESPONDENT DATED 10/11/2004. EXT.P3: COPY OF THE NOTICE SENT BY 3RD RESPONDENT TO THE PETITIONER DATED 23/11/2004. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER NO.A2-6719/96 DATED 28/10/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE AUCTION NOTICE ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S ANNEXURES: ANNEXURE-R3(a): COPY OF THE GAZETTE NOTIFICATION NO.A2-6719/96 DATED 17/11/2003 AND 09/03/2004 OF DIVISIONAL FOREST OFFICER, SOUTH WAYANAD DIVISION. // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.5488 of 2005 ---------------------------------------------- Dated 5th September, 2008. J U D G M E N T The petitioner participated in an auction, after depositing the earnest money. It is submitted that owing to circumstances beyond his control, he could not deposit the full amount. Only an amount of Rs.23,350/- was deposited, out of the auction amount of Rs.46,666.66. It is submitted that the petitioner was suffering from chicken pox and hence his inability. Be that as it may, it is seen that the vehicle was put to re-auction. The submission of the petitioner is that the loss, if any caused may be recouped from the amount already deposited and the balance may be refunded to the petitioner. The submission appears to be just and genuine. The petitioner may file an appropriate representation in that regard before the second respondent within two months from today, in which case, the matter will be examined by the second respondent and after recouping the loss, if any caused to the department, the balance will be refunded to the petitioner within another two months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.5488 of 2005 ---------------------------------------------- J U D G M E N T Dated 5th September, 2008.