IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6681 of 2008(U) ------------------------- PETITIONER: ------------ 1. KHADHEEJA BEEVI, PLACHUVATTIL HOUSE, THRIKKODITHANAM, CHANGANACHERRY. 2. MUHAMMED RAFI, PUTHUPARAMBIL HOUSE, PUZHAVATHU, CHANGACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: ------------- 1. COMMERCIAL SALES TAX OFFICER, 2ND CIRCLE, CHANGANACHERRY. 2. SAHIL AHMMED, MY SHOES FOOTWEAR, C.M.C. XV, 310, CHANGANACHERRY. 3. DISTRICT COLLECTOR, KOTTAYAM. 4. DEPUTY TAHSILDAR (RR) CHANGANACHERRY. 5. VILLAGE OFFICER, THRIKKODITHANAM, CHANGANACHERRY. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6681 of 2008 ------------------------------------- Dated: February 27, 2008 JUDGMENT Petitioners stood as sureties for the 2nd respondent to obtain registration under the KGST Act. Default was committed by the 2nd respondent and recovery proceedings were initiated against the defaulter and also the sureties. At that stage, the 2nd petitioner made a representation to the Government and obtained a conditional order of stay, evidenced by Ext.P6. According to the 2nd petitioner, he is willing to honour the terms of Ext.P6 and the petitioners now submit that if only the respondents fail in realising the debt as per Ext.P6, further recovery action be continued against the 1st petitioner. 2. It is true that by Ext.P6, a conditional order of stay has been granted. Now that such an order has been passed by the Government, it is only proper that further recovery proceedings against the 1st petitioner be continued only if the recovery in terms of Ext.P6 is not successful. Therefore I direct that further recovery proceedings against the 1st petitioner be deferred and be continued WP(C) 6681/08 Page numbers only if the payment of the dues in terms of Ext.P6 does not materialise. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-