IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 6731 of 2009(J) ------------------------------------ PETITIONER(S): ---------------------- KARUNAKARAN, AGED 84 YEARS, S/O.LATE PADMANABHAN, PEELIKODE HOUSE, THOOVAYOOR SOUTH, KADABANADU,PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. TAHSILDAR,ADOOR. 3. VILLAGE OFFICER, KADAMBANADU, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 6731 of 2009-J ---------------------------------------------- Dated, this the 18th day of March, 2009 J U D G M E N T Petitioner challenges Ext.P2 which is a notice issued under Section 49 (2) of the Revenue Recovery Act. Apparently, the petitioner stood as surety for one Anandan who was the accused in a prosecution under section 138 of the Negotiable Instruments Act. The said Anandan was convicted by the Magistrate Court and the conviction was confirmed by the Sessions Court. Against the conviction and sentence Anandan filed Crl.R.P.No.4609/2006 before this court and this court suspended the sentence with a condition to deposit a sum of Rs.25,000/-. According to the petitioner, Anandan informed him that he will deposit the amount as directed by this court. But, there is default. It is stated that the bond executed by the petitioner was forfeited and M.C.No.32 of 2007 was registered. Ext.P1 is the order passed in M.C.No.32 of 2007. Thereafter, petitioner received notice under the Revenue Recovery Act. It is further stated that petitioner filed W.P.(C) No.25423/2008 and 3 months' time was granted WPC No.6731/2009 -2- to deposit the amount. Even then Anandan did not carry out the promise. It is stated that he appeared before the court and executed a fresh bond. Now the petitioner is served with (Ext.P2) notice under Section 49 (2) of the Revenue Recovery Act. Petitioner filed an appeal challenging Ext.P1. It is stated that petitioner is a senior citizen aged 84 years. Petitioner challenges Ext.P2 and seek a direction to respondents to drop all coercive proceedings against him. 2. Since the petitioner has already filed appeal, I feel that proceedings can be kept in abeyance for some more time. Accordingly, the writ petition is disposed of. It is ordered that further proceedings pursuant to Ext.P2 will stand adjourned by one month from today. (K.M.JOSEPH) JUDGE. MS