IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 W.P(C).No. 8622 of 2008(B) -------------------------------- PETITIONER: -------------- S. MANILAL, AGED 51, S/O. K. SREEDHARAN, MULLACKAL GARDENS, TV PURAM P.O., VAIKOM. BY ADV. SRI.C.P.CHANDRASEKHARAN (CALICUT) SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT: --------------- THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVT. PLEADER, SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 8622 OF 2008 B = = = = = = = = = = = = = = = = Dated this the 13th March, 2008 J U D G M E N T Following Ext. P1 judgment in W.P.(C) No. 29915/07, it is stated that the enquiry under Section 65 of the Revenue Recovery Act which is scheduled to take place today and the petitioner apprehends that on appearance before the respondent, if the respondent passes an order adverse to him there is every likelihood of his being detained in prison without giving him an opportunity as provided for in the proviso to Section 65. 2. True, as contended by the learned counsel for the petitioner, the District Collector has the power to grant a defaulter 30 days time, but, however, that can be only on furnishing security to the satisfaction of the District Collector. Therefore, if the order to be passed by the District Collector in terms of Section 65 is adverse to the petitioner, petitioner is entitled to an opportunity to clear the arrears within one month provided other conditions W.P.(C) No. 8622 OF 2008 -2- specified are also satisfied. Therefore, in my view since the statute provides for such an opportunity, there is no reason for the petitioner to be apprehensive about an immediate arrest. 3. Now that the petitioner has filed this writ petition with the aforesaid apprehension, I direct that in case the order to be passed by the District Collector in terms of Section 65 is adverse to the petitioner, on his furnishing security as provided in the proviso to Section 65, the respondent shall release the petitioner giving him the time as provided in the proviso. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-