IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 2137 of 2002(D) ---------------------- PETITIONER: ------------ T.T.ITTOOP, PROPRIETOR, M/S. THEKKETHALA SAW MILLS, THAZHEKAD, P.O.KALLETTUMKARA, THRISSUR-680 683.(*) (DIED) ADDITIONAL PETITIONER: BABU, S/O.THEKKETHALA ITTOOP, THAZHEKAD, P.O.KALLETTUMKARA, THRISSUR. (ADDL. 2ND PETITIONER IS IMPLEADED AS PER ORDER DT.8.2.2008 IN I.A. NO.2067/2008) BY ADV. SRI.K.G.BALASUBRAMANIAN SRI.K.G.BALASUBRAMANIAN RESPONDENTS: ------------- 1. THE DEPOT OFFICER, TIMBER DEPOT, VETTIKKAD, PERUMBAVOOR. 2. THE DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION, PERUMBAVOOR,ERNAKULAM DIST. 3. THE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 4. THE DEPUTY TAHSILDAR(REVENUE RECOVERY), MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DIST. 5. THE VILLAGE OFFICER, THAZHEKKAD, MUKUNDAPURAM TALUK. BY G.P. SRI.RENJITH THAMPAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.3637/2002 IN OP NO.2137/2002 DISMISSED: 8.2.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF APPENDIX III TO THE AGREEMENT NO.112/1987 DATED NIL. P2: TRUE COPY OF BILL DT.28.3.1988 ISSUED BY R1 TO PETITIONER. P3: TRUE COPY OF REVISED BILL DT.28.3.1988 ISSUED BY R1 TO PETITIONER. P4: TRUE COPY OF GO DT.24.6.2985. P5: TRUE COPY OF REPRESENTATION DT.15.11.91 SUBMITTED BY PETITIONER BEFORE R1. P6: TRUE COPY OF JUDGMENT DT.8.6.2001 IN OP 14399/1993. P7: TRUE COPY OF ORDER DT.6.11.2001 ISSUED BY R2 TO PETITIONER. P8: TRUE COPY OF REPRESENTATION DT.3.12.2001 SUBMITTED BY PETITIONER BEFORE R3. P9: TRUE COPY OF NOTICE DT.15.1.2002 ISSUED BY R5 TO PETITIONER. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF ORDER DT.9.7.87 OF CCF(P)TVM. R2(b): TRUE COPY OF AGREEMENT NO.107/87 DT.20.8.87. R2(c): TRUE COPY OF SALE CONDITION WITH DATA SHEET. R2(d): TRUE COPY OF LETTER DT.21.6.88. R2(e): TRUE COPY OF JUDGMENT IN O.P. 4996/88. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.2137 of 2002 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT Since petitioner in the O.P. is no more, his son Babu is impleaded as petitioner in the O.P. 2. Challenge is against demand of differential charges of Rs.34,057/- vide Ext.P3. While petitioner submits that petitioner has made payments, it is stated in the detailed counter affidavit how the short payment happened to be made. A copy of the agreement which petitioner has with the Forest department is produced in court. The shortage which led to additional demand of Rs.34,057/- is explained in para 6 of the counter affidavit. Since the shortage happened on account of wrong billing which is under mistake, petitioner is bound to make payment. Counsel submitted that already Rs.15,000/- is paid and balance is only Rs.19,000/- and odd. Since shortage happened on account of mistake committed by the Forest department, I waive interest for the entire amount provided petitioner clears balance liability on or before 25.3.2008. However, if payment is not made by 25.3.2008, the entire balance amount with interest will be recovered. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms