IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 RP.No. 400 of 2009(D) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34264/2004 Dated 23/05/2008 .................... REVIEW PETITIONER(S): PETITIONERS --------------------------------- THE IDUKKI DISTRICT WHOLE SALE CONSUMER'S STORES LTD. NO. K. 444, KATTAPPANA, REP. BY ITS MANAGING DIRECTOR, KATTAPPANA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE SRI.TOM E. JACOB RESPONDENT(S): --------------- 1. THE NEDUMKANDOM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, NEDUMKANDOM P.O., IDUKKI DISTRICT. 2. THE SPECIAL GRADE SECRETARY, NEDUMKANDOM GRAMA PANCHAYATH, NEDUMKANDOM P.O., IDUKKI DISTRICT. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... R.P. No.400 of 2009 in W.P.(C) No.34264 of 2004 .................................................................... Dated this the 27th day of May, 2009. ORDER The review petitioner which was the petitioner in the W.P.(C) challenged revenue recovery proceedings initiated for recovery of arrears of rent due from it to the first respondent-Panchayat. This court turned down the immunity claimed against recovery proceedings. However, after dismissing the writ petition, this court directed the second respondent to proceed for recovery against the petitioner, if arrears are not fully recovered. Review is filed for the reason that under settlement, review petitioner has cleared the arrears and inspite of the same, recovery is continued only because of the direction. All what is contained in the direction is that merely because petitioner is a society, second respondent should not hesitate to recover, if the arrears are really due to the Panchayat. However, if the matter is settled between parties, there is no need to pursue recovery proceedings. R.P. is disposed of clarifying the position as above. C.N.RAMACHANDRAN NAIR Judge pms