IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 36492 of 2010(J) -------------------------- PETITIONER(S): --------------------- SEBASTIAN, S/O. LATE CHACKO, AGED 59, PITTAPILLIL HOUSE, KAKKATTOOR KARA, VARAPATTY VILLAGE, MUVATTUPUZHA. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): ---------------------- 1. THE DISTRICT REGISTRAR, (AUDIT), ERNAKULAM. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY TO REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SPECIAL REGISTRAR, S.R.O., POTHANIKAD. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 36492 OF 2010 ===================== Dated this the 22nd day of December, 2010 J U D G M E N T Petitioner submits that on the allegation that there is undervaluation in respect of the property, which is the subject matter of document No.665/07 of SRO, Pothanicad, Ext.P1 provisional order was issued by the District Registrar. It is stated that, thereafter further proceedings were not initiated and that a final order also was not passed, which position is confirmed by the learned Government Pleader also. It is stated that despite the above, recovery proceedings are initiated for recovering the amount mentioned in Ext.P1 and it is in these circumstances, the writ petition has been filed. 2. Now that it has been confirmed that final order pursuant to Ext.P1 has not been passed, obviously recovery proceedings cannot be initiated. Therefore, I direct that the 1st respondent will proceed to pass final orders in pursuance to Ext.P1 with notice to the petitioner. It is directed that until such process is completed, recovery proceedings based on the findings in Ext.P1 shall not be initiated against the petitioner. WPC No. 36492/10 :2 : 3. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp