IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WA.No. 1935 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24317/2005 DATED 13/08/2010 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS, STATE OF KERALA,THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE,KOTHAMANGALAM. 4. THE DEPUTY TAHSILDAR(RR), KOTHAMANGALAM. 5. THE VILLAGE OFFICER,KADAVOOR VILLAGE, ERNAKULAM DISTRICT. BY MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER RESPONDENT(S): WRIT PETITIONER ------------------------------ V.J.MATHEW,VENGACHUVATTIL,CHATHAMATTOM, KADAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.B.SAJEEV KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2010, ALONG WITH W.A.NO.1954/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A. Nos.1935 & 1954 of 2010 --------------------------------- Dated, this the 29th day of November, 2010 J U D G M E N T Ramachandran Nair, J. Connected appeals are filed against the judgment of the learned Single Judge reducing the compensation claimed by the Government from the appellant in Writ Appeal No.1954/2010. 2. We have heard learned counsel for the party as well as learned Government Pleader appearing for the Forest Department. 3. Admittedly, the petitioner in the writ petition committed breach in making deposit of balance sale consideration. This led to publication for another round of sale, which led to a loss of `94,376/- to the State. Consequently, under the tender conditions, the petitioner in the writ petition is liable to pay the difference being the loss caused to the State. Learned Government Pleader's contention is that besides the loss, interest and other charges like publication cost etc., are also recoverable from the petitioner in the writ petition. Even though we find force in this contention, we W.A.Nos.1935 & 1954/2010 -2- notice that in this case, re-auction was held within a month following the sale in which goods were purchased by the petitioner. So much so, we feel the learned Single Judge had rightly exonerated the petitioner from paying penal interest and upheld recovery of balance charges, the total of which is `1,20,970/-, which has already been remitted. In the circumstances, both these appeals are dismissed, upholding the judgment of the learned Single Judge. In view of the payment of full amount of compensation, the appellant in W.A.No.1954/2010 is entitled to get refund of the security amount. Accordingly, there will be a direction to the respondents in W.A.No.1954/2010 to release the security amount. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg