V.C.Jacob v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 23048 of 2006 (R) ------------------------------------- PETITIONER(S):
----------------------- V.C.JACOB, S/O.CHACKO, KALLUMKAL HOUSE, KALKKANDI P.O., MANNARKKAD, PALAKKAD.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S):
----------------------------
1. STATE OF KERALA, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, PALAKKAD.
3. THE CONSERVATOR OF FORESTS, PALAKKAD.
4. THE DIVISIONAL FOREST OFFICER, MANNARKKAD, PALAKKAD.
5. THE FOREST RANGE OFFICER, AGALI, MANNARKKAD, PALAKKAD.
6. THE DEPUTY TAHSILDAR (R.R.) TALUK OFFICE, MANNARKKAD, PALAKKAD.
7. THE VILLAGE OFFICER, KALLAMALA, MANNARKKAD, PALAKKAD.
BY GOVERNMENT PLEADER SMT.LILLY K.T.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 23048 of 2006 (R) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
-------------------------------------- EXT.P1: TRUE COPY OF THE LETTER NO.OR 3,4/2000 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P2: TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DATED 30.5.2001.
EXT.P2(a):: TRUE COPY OF THE ACKNOWLEDGMENT CARD. EXT.P3: TRUE COPY OF THE ORDER NO.B2 1872/2000 DATED 19.7.2001 ISSUED BY THE 2ND RESPONDENT.
EXT.P4: TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT NO.B2 1872/2000 DATED 31.7.2002.
EXT.P5: TRUE COPY OF THE NOTICE U/S 34 IN FORM NO.10 OF THE R.R. ACT SERVED ON THE PETITIONER.
EXT.P6: TRUE COPY OF THE NOTICE U/S 7 IN FORM NO.1 SERVED ON THE PETITIONER.
EXT.P7: TRUE COPY OF THE JUDGMENT IN WP(C) 38140/03 OF THIS HON'BLE COURT DATED 4.12.2003.
EXT.P8: TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 15.12.2003.
EXT.P9: TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE PETITIONER DATED 20.3.2004.
EXT.P10: TRUE COPY OF THE NOTICE SENT BY THE 2ND RESPONDENT TO THE PETITIONER DATED 13.7.2006.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. ............................................................. Dated this the 28th day of January, 2015
J U D G M E N T
This writ petition was filed by the petitioner challenging Ext.P10 show cause notice issued under the Revenue Recovery Act requiring him to appear before the District Collector, Palakkad, to show cause as to why he should not be committed to civil prison for failure to pay the amounts due from him to the Forest Department. In the writ petition, the prayer is for quashing Ext.P10, and to declare that the proceedings initiated against the petitioner under Section 65 of the Revenue Recovery Act is illegal. It is seen that by an interim order dated 26.10.2006, this Court had directed the arrest of the petitioner to be kept in abeyance for a period of six weeks, if the petitioner paid an amount of Rs.50,000/- within three weeks from the date of the order. By a later order dated 13.03.
2007, it was noted that the petitioner had failed to pay the amount as directed by this Court on 26.10.2006, and that the interim order granted by this Court was not in force.
order passed by this Court, it is likely that the present writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous.
A.K.JAYASANKARAN NAMBIAR JUDGE mns/