Sobhana vs The Deputy Tahsildar on 23 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37535 of 2009(J)


1. SOBHANA, PRASANTHI MANHIRAM, KAIPADU,
                      ...  Petitioner
2. RADHAMANI, RAJASREE SADHANAM,

                        Vs



1. THE DEPUTY TAHSILDAR, REVENUE RECOVERY
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.DILEEP.P.PILLAI

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :23/12/2009

 O R D E R
                      C.K.ABDUL REHIM, J.

                     ------------------------------
                   W.P.(C).No.37535 OF 2009
                     ------------------------------

          Dated this the 23rd day of December, 2009


                         J U D G M E N T

———————-

1. Petitioners were sureties to accused in S.C.No:221/07 on

the files of the Additional District & Sessions Court (Adhoc-I),

Kollam. Consequent to non-appearance of the accused,

M.C.No:121/08 was registered against the petitioners and fine to

the tune of Rs.50,000/- each was imposed against them.

According to the petitioners they were not having any knowledge

about the proceedings and about imposition of fine. Only when

recovery notices, as evidenced from Ext.P1 & Ext.P2, were

received, they came to know about the proceedings. It is stated

that the petitioners have already filed applications for getting

certified copy of the order in M.C.121/08, with a view to file

statutory appeal against that order. Under the above

circumstances limited prayer of the petitioners is for a direction

to keep in abeyance recovery steps, for a reasonable period, in

order to facilitate the petitioners to file appeal against the order

and to seek appropriate remedy from the appellate court.

2. Having considered facts and circumstances of the case I

am of the opinion that some indulgence can be shown in the

W.P.(C).37535/09-J 2

matter of directing to keep in abeyance coercive steps of

recovery for a short period in order to facilitate the petitioners to

approach the appellate court.

3. Therefore the writ petition is disposed of directing the

respondents to keep in abeyance all further steps of recovery

initiated pursuant to Ext.P1 & P2 notices for a period of six

weeks from today.

C.K.ABDUL REHIM, JUDGE.

okb