IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36805 of 2007(F)
1. K.P.JOSEPH, FLAT B-11, RECCA HEIGHTS,
... Petitioner
2. JANCY JOSEPH, FLAT B-11, RECCA HEIGHTS,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DEPUTY TAHSILDAR (RR),
3. THE VILLAGE OFFICER,
For Petitioner :SRI.ROY CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :13/12/2007
O R D E R
V.GIRI,J.
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W.P ( C) No. 36805 of 2007
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Dated this the 13th December, 2007
J U D G M E N T
The second petitioner is the wife of the 1st petitioner. The
first petitioner was the accused in C.C. No.388 of 1996 and C.C.
No.658 of 1996 of Judicial First Class Magistrate Court,
Kolencherry, for offences punishable under Section 138 of the
Negotiable Instruments Act. Though there was a conviction by
the trial court, it was reversed by the lower appellate court.
The order of acquittal was challenged before this Court and it
ultimately led to Exhibit-P1 judgment, whereby, the acquittal
was reversed and the accused was convicted and directed to
undergo imprisonment till the rising of the Court and to pay a
compensation of Rs.3,50,000/- to the complainant and in default,
to undergo simple imprisonment for three months. Petitioners
contend that though there was a direction in Exhibit-P1
requiring the 1st petitioner to appear before the Judicial First
Class Magistrate Court, Kolenchery on 8.10.2007,he was not
aware of the judgment and therefore he could not appear before
the said Court. Petitioners now reside in a rented apartment in
Kakkanad. Petitioners contend that they are desirous of
challenging Exhibit-P1 before the Hon’ble Supreme Court. But
W.P ( C) No. 36805 of 2007
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they are now faced with Exhibits P3 and P4 notices under the
Revenue Recovery Act, which inter alia, contemplates
attachment of movables. They have approached the District
Collector under Exhibit-P5. Essentially, the request is for some
time to enable them to move the Supreme Court. There is also a
contention that the movables kept in the building do not belong
to the petitioners.
After having heard the learned counsel for the petitioners
and the learned Government Pleader also, this writ petition is
disposed of directing respondents 2 and 3 to keep in abeyance
the enforcement of Exhibits P3 and P4 for a period of six weeks
from today. This will be subject to an undertaking by the
petitioners that they will not alienate any properties which they
hold at present. In the said undertaking they will also given a
list of assets . Such undertaking shall be filed before the 1st
respondent – District Collector, within three weeks from today.
Further enforcement of Exhibits P3 and P4 will be subject to any
orders to be passed in this regard, within a period of six weeks.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 36805 of 2007
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
W.P ( C) No. 36805 of 2007
2
ORDER
25th May, 2007
