IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 31981 of 2011(W) -------------------------------------- PETITIONER(S): ---------------------- ELIAMMA KURIAKOSE, W/O.LATE K.V.KURIAKOSE, KANNANKARA MALIL VEEDU, THRIKKARIYOOR P.O., KOTHAMANGALAM. BY ADVS. SRI.K.P.BALASUBRAMANYAN SRI.NIRMAL. S RESPONDENT(S): ------------------------ 1. THE DIVISIONAL FOREST OFFICER, CHALAKKUDY, PIN-680 307. R1 BY ADV.SRI.M.P.MADHAVANKUTTY, SPECIAL GOVT. PLEADER, FOREST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 31981 of 2011(W) APPENDIX PETITIONER(S) EXHIBITS: EXT P1: COPY OF THE NOTICE DATED 24/2/1983. EXT P2: COPY OF THE NOTICE DATED 9/7/1983. EXT P3: COPY OF THE JUDGMENT IN OS.NO.145/196 DATED 9/4/1992. EXT P4: COPY OF THE JUDGMENT IN AS 675 OF 1994 DATED 25/8/2009. EXT P5: COPY OF THE NOTICE DATED 26/11/2009. EXT P6: COPY OF THE REPLY DATED 15/12/2009. EXT P7: COPY OF THE NOTICE DATED 4/1/2010. EXT P8: COPY OF THE NOTICE DATED 4/1/2010. EXT P9: COPY OF THE LETTER SUBMITTED BY THE PETITIONERTO THE RESPONDENT DATED 27/1/2010. EXT P10: COPY OF THE RECEIPT FOR REMITTANCE OF THE AMOUNT OF RS.50,000/- EXT P11: COPY OF THE LETTER DATED 6/3/2010. EXT P12: COPY OF THE RECEIPT FOR PAYMENT OF RS.25,000/- EXT P13: COPY OF THE RECEIPT DATED 21/4/2010. EXT P14: COPY OF THE RECEIPT DATED 24/5/2010. EXT P15: COPY OF THE RECEIPT DATED 23/6/2010. EXT P16: COPY OF THE RECEIPT DATED 23/9/2010. EXT P17: COPY OF THE LETTER DATED 31/10/2011 FROM THE RESPONDENT. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 31981 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of December, 2011. J U D G M E N T The petitioner's husband committed breach of contract in respect of an agreement in the course of auction for right to collect and remove forest growth conducted by the respondent. The respondent demanded damages for the breach of contract towards loss sustained by the Government on account of the re- auction consequent on the breach of contract. The petitioner's husband challenged the same by filing a suit. That suit was dismissed. The petitioner's husband filed an appeal before this Court. During the pendency of the appeal, the petitioner's husband died. The petitioner and her children got themselves impleaded in the appeal. But that appeal was also ultimately dismissed. After the dismissal of the suit, by Ext.P5, the respondents demanded an amount of Rs. 1,28,500/- as the loss caused to the Government on account of re-auction. By Ext.P6, the petitioner requested the respondents to permit the petitioner to pay the amount in 12 equal monthly instalments. By Ext.P7, the respondents permitted the petitioner to pay the amount of Rs. 1,28,500/- and sales tax amount of Rs. 5,654/- in instalments, the first instalment being Rs. 75,000/- and the balance in 11 equal monthly instalments. The petitioner paid off the amounts in instalments. Subsequently, the petitioner was served with Ext.P17 notice demanding interest on the said amount. The petitioner's contention is that in Ext.P5, there is no demand for interest and therefore it must be deemed that the W.P(C) No. 31981 of 2011 -: 2 :- respondent has waived claim for interest on the said amount. Therefore, the respondent cannot, after the petitioner paying off the entire amount demanded, claim interest as well. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i) To call for the records leading to Ext.P17 and issue a writ of certiorari or other appropriate writ or order quashing the same. ii) Issue an order staying the recovery of the amount claimed in Ext.P17 pending the writ petition.” 2. I have heard the learned Government Pleader also. Having heard both sides, I am of opinion that it is only appropriate that the Government considers the matter in the first instance. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall file an appropriate representation before the Secretary of the Government of Kerala, Forest and Wild Life Department within 3 weeks from today. On production of a copy of this judgment along with the representation, the Secretary, Forest and Wild Life Department of the Government of Kerala shall consider and pass orders on the representation as expeditiously as possible, at any rate, within 3 months from the date of W.P(C) No. 31981 of 2011 -: 3 :- receipt of the representation and a copy of this judgment. Till orders are passed on the representation, further recovery proceedings pursuant to Ext.P17 shall be kept in abeyance. But, if the petitioner does not file the representation within the time stipulated above, the petitioner will not be entitled to the benefit of the stay and the respondent can continue the recovery proceedings as now initiated. Sd/- S. Siri Jagan, Judge. Tds/