IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 3979 of 2009(W) ------------------------- PETITIONER(S): --------------- R.M.AJEENA, D/O.MUTHUMMAL DHARMAPALAN, COURT ROAD, KOZHIKODE-1. BY ADV. SRIR.AZAD BABU SMT.DEEPTHI AZAD RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. TAHSILDAR(RR), KOZHIKODE. 3. GADADHARAN, S/O.BHANUPRAKASH, 3/604, MANIPURAM, NADAKKAVU PO., KOZHIKODE. 4. R.M.SUDARSAN, S/O.KARUNAKARAN, PREMIER HOUSE, PO.PUTHIYARA, KOZHIKODE. 5. R.M.SYLESH,S/O.KARUNAKARAN PREMIER HOUSE, PO.PUTHIYARA, KOZHIKODE. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.3979/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ORDER DT 24.12.04. P2 COPY OF ORDER DT 5.12.08. P3 COPY OF APPEAL DT 29.1.09. P4 COPY OF DELAY CONDONATION PETITION. P5 COPY OF PETITION FOR STAY. P6 COPY OF RR NOTICE. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 3979 OF 2009 W ```````````````````````````````````````````````````` Dated this the 4th day of March, 2009 J U D G M E N T Ext.P1 is an order of the CDRF, Kozhikode. According to the petitioner, the petitioner and respondents 4 and 5 filed applications to set aside the ex parte order. Ext.P2 is the order rejecting the application. Against Ext.P1, the petitioner preferred Ext.P3 appeal with Ext.P4 application for condonation of delay. The petitioner also preferred Ext.P5 stay petition. Ext.P6 is the revenue recovery notice. The petitioner has approached this court seeking to quash Exts.P1 and P2 orders and Ext.P6 notice. A direction is sought to respondents 1 and 2 to keep in abeyance the revenue recovery proceedings till the disposal of FA No.56/2009. 2. I heard learned counsel for the petitioner, learned counsel appearing on behalf of the 3rd respondent and learned Government Pleader. Ext.P1 order is in the year 2004. The petitioner has filed appeal accompanied by application to condone the delay. I feel that the challenge against Exts.P1 and P2 need not be considered by this court. In order to facilitate the petitioner WPC.3979/09 : 2 : to proceed with the alternate remedy, it is ordered that recovery proceedings pursuant to Ext.P6 will be kept in abeyance for a period of six weeks from today. It is for the petitioner to seek appropriate relief before the Commission. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE