IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36351 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ 1. SASI KUMAR, AGED 50 YEARS, S/O.PARAMESWARAN PILLAI, KOKKATTU KIZHAKKATHIL, NANGIARKULANGARA THEKKUM MURI, PALLIPAD VILLAGE. 2. THANKAPPAN, AGED 63 YEARS, S/O.KANNAN, KAVIL HOUSE (FROM NADUVELITHARAYIL VEEDU), PALIPAD THEKKUM MURI, PALLIPAD VILLAGE. BY ADVS. MR.M.V.THAMBAN MR.R.REJI SMT.THARA THAMBAN MR.B.BIPIN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE RDO, CHENGANNUR. 3. THE TAHSILDAR, KARTHIKAPPALLY. 4. THE DEPUTY COLLECTOR, REVENUE RECOVERY, HARIPAD. 5. THE VILLAGE OFFICER, PALLIPPAD. BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.36351 OF 2009 ------------------------------ Dated this the 16th day of December, 2009 J U D G M E N T ---------------------- 1. Petitioners are sureties to the accused in C.C.No:277/03 on the files of the Judicial First Class Magistrate Court, Kayamkulam. Since the accused failed in appearance, M.C.No:77/07 was registered against the petitioners and they were imposed with penalty to the tune of Rs.1,50,000/-. According to the petitioners they have filed appeal against the order imposing penalty before the District & Sessions Court, Alappuzha along with petition seeking condonation of delay as evidenced from Ext.P2. It is submitted that the appeal will be made over to the Additional District Court, Mavelikkara and since there is delay in filing the appeal the petitioner can seek interim relief of stay only on condonation of delay and on admitting the appeals. Grievance of the petitioner is that coercive steps under the Revenue Recovery Act is now being pursued on issuing Ext.P3 notice under Section 34 of the Act for attachment and sale of properties belonging to them. Hence the petitioners seek indulgence of this court in directing to keep in abeyance the recovery steps till they could move for W.P.(C).36351/09-L 2 appropriate interim relief before the appellate court. 2. Since the matter is in seizin of the appellate court, I am not proposing to entertain any challenge against Ext.P1 order or against the recovery steps now initiated. On the other hand I am of the opinion that indulgence can be shown in directing the authorities to keep in abeyance coercive steps of recovery in order to facilitate the petitioners to seek appropriate relief from the appellate court. 3. Therefore the writ petition is disposed of directing the respondents to keep in abeyance further steps of recovery initiated pursuant to Ext.P3 for a period of six weeks from today. C.K.ABDUL REHIM, JUDGE. okb