IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1453 of 2008(W) ------------------------- PETITIONER: --------------- K. SATHEESHKUMAR, AGED 38 YEARS, S/O. KUTTAN NAIR, NADAYIL KIZHAKKATHIL, THECKEVILA P.O., KOLLAM. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EXECUTIVE OFFICER, MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, KOLLAM. 3. THE TAHSILDAR (RR), KOLLAM. 4. THE VILLAGE OFFICER, MUNDAKKAL VILLAGE OFFICE, KOLLAM. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 1453 OF 2008 ===================== Dated this the 11th day of January, 2008 J U D G M E N T This writ petition has been filed by the petitioner on receipt of Ext.P5 demand notice issued under the provisions of the Revenue Recovery Act. Petitioner submits that aggrieved by Exts.P1 to P3, P4 appeal has been filed before the 1st respondent and that it is pending consideration of the appeal that coercive action has been taken. 2. Standing counsel for the respondents objects to the request of the petitioner for deferring Ext.P5 on the ground that the appeal filed by the petitioner is belated. However, petitioner contends that the copy of the final determination order was not served on him and he had collected it only recently and immediately thereafter appeal has been filed. 3. In view of the contentions raised as above, I feel the WPC 1453/08 :2 : appropriate course is to direct that Ext.P5 demand notice be deferred for a short while in order to enable the petitioner to seek appropriate orders from the Appellate Authority. 4. Therefore, I dispose of this writ petition with the following directions. That further proceedings pursuant to Ext.P5 demand notice will be deferred for a period of four weeks from today. During this four weeks, it will be open to the petitioner to seek appropriate interim orders from the Appellate authority before whom Ext.P4 appeal is pending. ANTONY DOMINIC, JUDGE. Rp