IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 32046 of 2004(M) -------------------------- PETITIONER: ------------ 1. JAMES S/O.JOSEPH, PUTHAYATHMOLEL HOUSE, PALLARIMANGALAM, KOTHAMANGALAM. 2. SUNNY O.C. S/O.CHERIAN, OLIYAPPURAM HOUSE, MALAYANKEEZHU, KOTHAMANGALAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, KOTHAMANGALAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE BASELEOUS HOSPITAL, KOTHAMANGALAM SHOWING THE ACCIDENT IN C.C. 222/01 EXT.P2 TRUE PHOTOCOPY OF REVENUE RECOVERY NOTICE ISSUED BY FIRST RESPONDENT TO THE FIRST PETITIONER EXT.P3 TRUE PHOTOCOPY OF REVENUE RECOVERY NOTICE ISSUED BY 2ND RESPONDENT TO 2ND PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 32046 OF 2004 -------------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT Petitioners are challenging recovery proceedings for recovery of fine levied by the Magistrate after forfeiture of bail bond. Counsel submitted that petitioner has collected orders and filed appeal against the same. In the circumstances, W.P. is disposed of directing the Sessions Judge concerned to dispose of the appeal within three months from the date of production of a copy of this judgment, if not already disposed of. If appeals are pending there will be direction to respondents to withhold recovery proceedings for three months from now. However, if appeals are not pending, recovery can be continued straightaway. (C.N. RAMACHANDRAN NAIR) Judge kk 2