IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15730 of 2010(M) --------------------------------------- PETITIONER: ------------------- C.M.VEERANKUTTY, CITIZEN TIMBERS, CHIRAPPILLIL HOUSE, ASAMANNOOR P.O., ODAKKALI, PERUMBAVOOR. BY ADV. SRI.M.C.JOHN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CONSERVATOR OF FORESTS, KOLLAM. 3. THE DIVISIONAL FOREST OFFICER, ACHANKOVIL, KOLLAM. 4. THE DEPUTY TAHSILDAR (RR), KUNNATHUNADU, ERNAKULAM. R1 TO R4 BY GOVT. PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15730 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 J U D G M E N T The petitioner bid for forest timber in auction conducted by the respondents. Since the petitioner did not deposit amount as per the auction conditions after confirmation of the bid, the auction in favour of the petitioner's has been cancelled and fresh auction was conducted at the risk and costs of the petitioner, which fetched far less price. The petitioner has been directed to pay the difference as damages caused by the petitioner on account of his breach of contract. The petitioner is challenging the same. But the petitioner now confines his prayer for a direction to the respondents to pay off the amount in installments. 2. I have heard the learned Government Pleader also. In view of the fact that the amount is a large amount, I feel that it is only just and proper that the petitioner be W.P.(C)No. 15730 of 2010 -2- given installment facility. Therefore the writ petition is disposed of with the following directions: The petitioner shall pay the amount demanded in 10 equal monthly installments starting from 01.06.2010. Every subsequent installment shall be paid on the first working day of every succeeding month. If the petitioner pays the installments without default on the due dates, further coercive recovery proceedings shall be kept in abeyance. However if the petitioner commits default in payment of any one installment, it would be open to the respondents to initiate proceedings for recovery as presently initiated without any further notice to the petitioner. S. SIRI JAGAN JUDGE shg/