Ravindranathan C vs The District Collector
2023 Latest Caselaw 9422 Ker

WP(C) No.29071/2023                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
             Friday, the 1st day of September 2023 / 10th Bhadra, 1945
                              WP(C) NO. 29071 OF 2023
   PETITIONER:

          RAVINDRANATHAN C., AGED 53 YEARS, S/O. NARAYANAN, CHURATHIL HOUSE,
          THRIKKADERI P.O., PALAKKAD., PIN - 679502

   RESPONDENTS:

      1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION P.O., PALAKKAD.,
         PIN - 678001
      2. THE VILLAGE OFFICER, THRIKKADERI I VILLAGE, THRIKKADERI P.O.,
         PALAKKAD, PIN - 679502
      3. THE TAHSILDAR, OTTAPALAM, OTTPALAM P.O., PALAKKAD, PIN - 678101
      4. SREE GOKULAM CHITS AND FINANCE COMPANY PRIVATE LIMITED, DIVISIONAL
         OFFICE, SANJOS TOWERS, OPP. KSRTC BUS STAND, SHORNUR ROAD, PALAKKAD,
         PIN - 678001


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Ext.P3, pending the
   consideration of the above writ petition, in the interest of justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. I.DINESH MENON & L.RAJESH NARAYAN, Advocates for the petitioner, the
   court passed the following:
 WP(C) No.29071/2023                       2/4




                                 VIJU ABRAHAM, J.
                              ------------------------------------
                            W.P(C.) No. 29071 of 2023
                              ------------------------------------
                      Dated this the 1st day of September, 2023


                                      ORDER

The petitioner has approached this Court challenging

Ext.P3 warrant issued by the Trial Court to recover the fine

pursuant to Ext.P1 judgment in C.C No.327/2009 dated

14.12.2010, which has been confirmed in Crl.A No.733/2010

as per judgment dated 22.05.2013. Petitioner submits that

he was totally unaware of the above judgment, as the same

was not intimated to him by the counsel. Petitioner submits

that he has already taken steps to file a Revision Petition

before this Court challenging the same. A copy of the same

is produced as Ext.P4. The petitioner submits that he will

move the said Revision Petition at the earliest, and seek for

an interim order in the meanwhile contending that, if Ext.P3

is allowed to be executed, petitioner will put to serious

prejudice.

Considering the fact that the petitioner has already

taken steps to file the Revision Petition and the same will be WP(C) No.29071/2023 3/4

W.P.(C) No.29071 of 2023

coming for consideration only after re-opening of the

Court, I am of the opinion that some breathing time can

be granted to the petitioner so as to enable him to move

the Revision Petition and seek for appropriate interim

order in the same. But taking into consideration the fact

that the Appellate Court judgment, Ext.P2, is dated

22.05.2013, the same shall only be on conditions. There

will be an interim order as prayed for, for a period of

one month, on condition that the petitioner deposit an

amount of Rs.1,50,000/- before the Trial Court within a

period of ten days.

Sd/-

                                                 VIJU ABRAHAM
                                                      JUDGE

           AP
 WP(C) No.29071/2023                 4/4

                       APPENDIX OF WP(C) 29071/2023
Exhibit P3            TRUE COPY OF THE FORM NO.44 FOR WARRANT FOR RECOVERY OF

FINE DATED NIL ISSUED BY JUDICIAL FIRST CLASS MAGISTRATE, PALAKKAD