IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6056 of 2009(B) ------------------------- PETITIONER(S): --------------- P. UDAYA SENAN, AGED 55 YEARS, S/O. LATE NANU PANICKER,PRABHAS, TOLL JUNCTION, ELAMPA.P.O,AVANAVANCHERRY,ATTINGAL,REP. BY HIS P/A HOLDER MR.SUPRABHA SENAN,AGED 53 YEARS, W/O.P. UDAYA SENAN, PRABHAS, TOLL JUNCTION, ELAMPA.P.O, AVANAVANCHERRY.P.O, ATTINGAL. BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENT(S): --------------- 1. THE CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, CORPORATION OF KOCHI, PARK AVENUE, ERNAKULAM. 3. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. ADV.S.RAMESH BABU, SC GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.6056 of 2009 ================== Dated this the 25th day of February, 2009 J U D G M E N T The petitioner is aggrieved by the revenue recovery proceedings initiated for recovery of defaulted arrears of rent due from the petitioner to the Corporation of Cochin. According to the petitioner, the demand is barred by section 539 of the Kerala Municipality Act. Detailing the contention of the petitioner against such recovery, the petitioner has filed Ext.P11 petition before the 2nd respondent. The petitioner now confines his prayer for a direction to the 2nd respondent to consider and pass orders on Ext.P11 and to stay recovery proceedings till then. 2. I have heard the learned Standing Counsel appearing for respondents 1 and 2 as well as the learned Government Pleader appearing for the 3rd respondent. 3. After hearing both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P11, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Till orders are thus passed, further recovery proceedings, which is the subject matter of Ext.P11, shall be kept in abeyance. The petitioner shall produce a w.p.c.6056/09 2 copy of the writ petition along with a certified copy of this judgment before the 2nd respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge