IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 32250 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. MARGRAT, W/O. VAKKACHAN, CHETTIPARAMBIL HOUSE, VADUTHALA, ERNAKULAM. 2. RENI RAMACHANDRAN, CHETTIPARAMBIL HOUSE, VADUTHALA, ERNAKULAM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR (RR)., KANAYANNUR TALUK, ERNAKULAM, KOCHI, PIN - 682 001. 2. THE DETECTIVE INSPECTOR OF POLICE, C.B.C.I.D., ERNAKULAM - 682 011. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.32250 of 2010-E ---------------------------------------- Dated this the 19th day of November, 2010. J U D G M E N T The petitioners are aggrieved by revenue recovery steps initiated pursuant to Exts.P2 and P3 notices. The amount sought to be recovered pertains to fine imposed in M.C.No.29/2010 by the Judicial First Class Magistrate Court I, Aluva. The petitioners stood as sureties for an accused, 'Ressy Nelson' in Crime No.116/2004 of Changamanad Police Station. According to the petitioners the said person was not implicated as accused when final report was submitted and she was only cited as CW4 in the charge sheet. However, due to non appearance of said 'Ressy Nelson', the learned Magistrate had initiated proceedings under Section 446 of the Code of Criminal Procedure and imposed fine on the petitioners to the tune of Rs.50,000/- each and recovery steps were initiated for realising the fine amount. 2. The petitioners have got an effective remedy of W.P(C) No.32250 of 2010-E 2 appeal against the order forfeiting the bond, as provided under Section 449 of the Code of Criminal Procedure. It is submitted by the learned counsel for the petitioners that the petitioners have already resorted to such a remedy and Crl.A No.647 of 2010 is already filed before the Sessions Court, Ernakulam. It is further stated that, the Sessions Court, Ernakulam had made over the appeal to the Additional Sessions Court, North Paravoor and it is posted on 23.12.2010. 3. Under the above circumstances, the limited prayer made by the petitioners is to direct the respondents to keep in abeyance coercive steps of recovery, in order to facilitate the petitioners to move before the Additional Sessions Court seeking appropriate interim relief. 4. Having considered the facts and circumstances, I am of the view that the writ petition can be disposed of directing the first respondent to keep in abeyance the recovery steps for a reasonable period. 5. In the result, the writ petition is disposed of W.P(C) No.32250 of 2010-E 3 directing the first respondent to keep in abeyance further coercive steps of recovery pursuant to Exts.P2 and P3 notices for a period of six weeks from from today, in order to facilitate the petitioners to seek appropriate remedy from the appellate Court. C.K.ABDUL REHIM JUDGE ab