IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 28019 of 2006(I) -------------------------- PETITIONER(S): --------------- MR.P.A. MYTHEEN, PATTUMMAKUDIYIL HOUSE, MARKET P.O., MUVATTUPUZHA. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER COMMERCIAL TAXES, THRISSUR. 3. THE TAHSILDAR, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY G.P. SRI.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF TERMS AND CONDITIONS OF PURCHASE BY THE TATA TEA LTD. WITH PETITIONER. P2: TRUE COPY OF MEMORANDUM OF 2ND REVISION PETITION BEFORE R1. P3: TRUE COPY OF NOTICE ISSUED BY R1 DIRECTING THE PETITIONER TO APPEAR ON 17.8.06. P4: TRUE COPY OF PROCEEDINGS OF R3 SHOWING THE CANCELLATION OF SALE DEED. P5: TRUE COPY OF NOTICE ISSUED FOR SALE OF IMMOVABLE PROPERTY. P6: TRUE COPY OF ORDER PASSED IN 1ST REVISION PETITION BY R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.28019 of 2006 .................................................................... Dated this the 31st day of October, 2008. JUDGMENT The W.P.(C) was filed challenging recovery proceedings for recovery of penalty during pendency of second revision before the first respondent. In fact interim stay was granted against confirmation of sale on petitioner furnishing Bank Guarantee. If interim order is not complied with, then sale would have been confirmed. In any case W.P. is disposed of directing the first respondent to dispose of the revision, if not already done, without any further delay. C.N.RAMACHANDRAN NAIR Judge pms