IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 5230 of 2006(V) ------------------------- PETITIONER: ------------ 1. SUMATHI PILLAI, D/O.RADHA PILLAI, KALEEKKAL PUTHEN VEEDU, IMALI MURI, OMALLOOR VILLAGE, PATHANAMTHITTA. 2. SANTHAMMA, D/O.BHAVANI AMMA, PAMBOORETHU VEEDU, THUMPAMON ERATHU MURI, CHENNEERKKARA VILLAGE. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. THE TAHSILDAR, (RR), PATHANAMTHITTA. 2. THE VILLAGE OFFICER, CHENNEERKKARA VILLAGE, CHENNEERKKARA, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 3. THE VILLAGE OFFICER, OMALLOOR VILLAGE, OMALLOOR, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT DT.13.10.2005 IN M.C. NO.41/2005 ON THE FILE OF JFCM-II, PATHANAMTHITTA. P2: TRUE COPY OF DEMAND NOTICE ISSUED BY R1 TO 1ST PETITIONER DT.1.2.2006. P3: TRUE COPY OF RECOVERY NOTICE ISSUED BY R1 TO 1ST PETITIONER DT.1.2.2006. P4: TRUE COPY OF DEMAND NOTICE ISSUED BY R1 TO 2ND PETITIONER DT.1.2.2006. P5: TRUE COPY OF RECOVERY NOTICE ISSUED BY R1 TO 2ND PETITIONER DT.1.2.2006. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.5230 of 2006 .................................................................... Dated this the 5th day of September, 2008. JUDGMENT Since counsel submitted that petitioners have obtained stay against sentence imposing fine on them, this W.P. is closed as infructuous leaving freedom to the respondents to proceed for recovery after disposal of appeal by the Sessions Judge. The petitioners should produce copy of the stay orders obtained from the Sessions Court before the first respondent for keeping the recovery proceedings pending until further orders from the Sessions Judge. C.N.RAMACHANDRAN NAIR Judge pms