IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 3357 of 2006(Y) ------------------------- PETITIONER: ------------ M.S.ALIYAR, MOOKADA HOUSE, PERUMBAVOOR, KUNNATHUNADUTALUK, ERNAKULAM DISTRICT PROPRIETOR M/S.INDIA TIMBERS AND SAW MILLS. BY ADV. SRI.C.A.MAJEED RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY TAHSILDAR (RR), KUNNATHUNADU TALUK, PERUMBAVOOR. 3. THE CHIEF CONSERVATOR OF FORESTS, FORESTS HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY SHRI.L.G.SURESH, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3357/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REVENUE RECOVEYR NOTICE ISSUED by the 2ND RESPONDENT DATED 03/10/1990. P2 : COPY OF THE REPRESENTATION DATED 21/11/2005. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.3357 of 2006 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of Rs.35,970/- on the ground that amounts are due to him from the Forest Department. If any amount is due to petitioner from the Department, the same should be adjusted against arrears due from him. However, petitioner has not furnished details of any amount refundable to him. The writ petition is, accordingly, disposed of directing petitioner to furnish the details of refund due to him before 3rd respondent for him to make adjustments and demand balance within two weeks from the date of receipt of a copy of this judgment. If petitioner does not produce any document regarding the amount due to him from the Department before the 3rd respondent for making the adjustments as above, recovery can be continued as petitioner is admittedly liable to clear the arrears. Petitioner will produce copy of the judgment and furnish details of refund due to him for compliance before 3rd respondent. If any balance is due, further recovery will be made after adjusting payments already made. (C.N.RAMACHANDRAN NAIR, JUDGE) jg