IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 30415 of 2008(U) -------------------------- PETITIONER(S): --------------------- H. MUSTHAFA, S/O. HUSSAINAR, WHITE HOUSE, NADAKKAVIL, AKATHETHARA, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): ------------------------ 1. DISTRICT COLLECOTR, PALAKKAD. 2. THE ADDITIONAL TAHASILDAR, TALUK OFFICE, PALAKKAD. 3. THE REVENUE DIVISIONAL OFFICER, PALAKKAD. 4. THE TAHASILDAR (RR), TALUK OFFICE, PALAKKAD. BY GOVT.PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 30415 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of October, 2008 JUDGMENT There is a fine imposed on the petitioner in a sum of Rs.36,400/-. Petitioner represented before the first respondent to cancel revenue recovery proceedings. He also preferred an appeal before the third respondent. By Ext.P2 the appeal came to be allowed and the matter is remitted back. But petitioner is being pressed for payment of the amount under the revenue recovery notice. No doubt petitioner has approached this court before Ext.P2 was issued and obtained Ext.P1 judgment dated 19.11.2007. Ext.P2 is dated 24.3.2008. Recovery was directed to be kept in abeyance on petitioner paying Rs.10,000/-, but the petitioner could not pay the amount. Learned counsel for the petitioner submits that by Ext.P2 order dated 24.3.2008 the assessment against the petitioner is set aside and the matter is remitted back. Therefore there is no order and recovery at this stage may not be justifiable, it is contended. Having regard to the facts, I feel that that the recovery against the petitioner should not be proceeded with till a decision is taken pursuant to Ext.P2. Accordingly, the writ petition is disposed of directing respondents 1 and 2 not to proceed with revenue recovery action against the WPC.30415/2008. 2 petitioner to recover the amount assessed by the second respondent as per proceeding No.G4 3801/07 LC.6/7 dated 27.3.2007 till a decision is taken pursuant to Ext.P2. (K.M. JOSEPH, JUDGE) sb