IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 32154 of 2011(T) -------------------------- PETITIONER: --------------- C.V. YACOOB, S/O.VARKEY, CHERIYACHERIL HOUSE, VENGOOR, KOTHAMANGALAM. BY ADVS. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENT: ------------------- THE DIVISIONAL FOREST OFFICER, CHALAKKUDY, PIN: 680307 BY SPECIAL GOVERNMENT PLEADER (FOREST) SRI. M. P. MADHAVANKUTTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Scl. WP(C).No. 32154 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DTD. 06.12.82 EXT.P2 TRUE COPY OF THEORDER AS C.C. 2-2832/82. EXT.P3 TRUE COPY OF THE LETTER DTD. 24.12.1983. EXT.P4 TRUE COPY OF THE LETTER DTD.09.07.1983. EXT.P5 TRUE COPY OF THE JUDGMENT DTD. 09.04.1992. EXT.P6 TRUE COPY OF THE COMMON JUDGMENT. EXT.P7 TRUE COPY OF THE LETTER DTD. 26.11.2009. EXT.P8 TRUE COPY OF THE LETTER DTD. 15.12.2009. EXT.P9 TRUE COPY OF THE LETTER DTD. 01.01.2010. EXT.P10 TRUE COPY OF THE LETTER DTD. 27.01.2010. EXT.P11 TRUE COPY OF THE LETTER DTD. 11.02.2010. EXT.P12 TRUE COPY OF THE RECEIPT DTD. 19.02.2010. EXT.P13 TRUE COPY OF THE LETER DTD.06.03.2010 EXT.P14 TRUE COPY OF THE RECEIPT DTD. 22.03.2010 EXT.P15 TRUE COPY OF THE RECEIPT DTD. 23.04.2010 EXT.P16 TRUE COPY OF HTE RECEIPT DTD. 24.05.2010. EXT.P17 TRUE COPY OF THE RECEIPT DTD. 23.06.2010. EXT.P18 TRUE COPY OF THE RECEIPT DTD. 23.09.2010 EXT.P19 TRUE COPY OF THE LETTER DTD. 31.10.2011 FROM THE RESPONDENT. RESPONDENTS' EXHIBITS : NIL TRUE COPY PA TO JUDGE Scl. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.32154 of 2011 ---------------------------------------------- Dated this the 2nd day of December, 2011 JUDGMENT The petitioner committed breach of contract in respect of an agreement in the course of auction for right to collect and remove forest growth conducted by the respondent. The respondent demanded damages for the breach of contract towards loss sustained by the Government on account of the re- auction consequent on the breach of contract. The petitioner challenged the same by filing a suit. That suit was dismissed. The petitioner filed an appeal before this Court. But that appeal was also ultimately dismissed. After the dismissal of the suit, by Ext.P7, the respondent demanded an amount of Rs. 1,89,800/- as the loss caused to the Government on account of re-auction. By Ext.P8, the petitioner requested the respondent to permit the petitioner to pay the amount in 12 equal monthly instalments. By Ext.P9, the respondents permitted the petitioner to pay the amount of Rs. 1,00,000/- and sales tax amount of Rs. 8,351/- in instalments, the first instalment being W.P.(C)No.32154/11 2 Rs. 1,00,000/- and the balance in 11 equal monthly instalments. The petitioner paid off the amounts in instalments. Subsequently, the petitioner was served with Ext.P19 notice demanding interest on the said amount. The petitioner's contention is that in Ext.P7, there is no demand for interest and therefore it must be deemed that the respondent has waived claim for interest on the said amount. Therefore, the respondent cannot, after the petitioner paying off the entire amount demanded, claim interest as well. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “.............this Hon'ble Court may be pleased to call for the records leading to Exhibit P19 and i) issue a writ of certiorari or other appropriate writ or order direction quashing the same; ii) Issue an order staying the recovery of the amount covered in Exhibit P19 pending the writ petition.” 2. I have heard the learned Government Pleader also. Having heard both sides, I am of opinion that it is only appropriate that the Government considers the matter in the first instance. Accordingly, this writ petition is disposed of with the following directions: W.P.(C)No.32154/11 3 The petitioner shall file an appropriate representation before the Secretary of the Government of Kerala, Forest and Wild Life Department within 3 weeks from today. On production of a copy of this judgment along with the representation, the Secretary, Forest and Wild Life Department of the Government of Kerala shall consider and pass orders on the representation as expeditiously as possible, at any rate, within 3 months from the date of receipt of the representation and a copy of this judgment. Till orders are passed on the representation, further recovery proceedings pursuant to Ext.P19 shall be kept in abeyance. But, if the petitioner does not file the representation within the time stipulated above, the petitioner will not be entitled to the benefit of the stay and the respondent can continue the recovery proceedings as now initiated. S. SIRI JAGAN, JUDGE acd W.P.(C)No.32154/11 4 W.P.(C)No.32154/11 5