IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4035 of 2008(E) ------------------------- PETITIONER: ------------ JAYENDRAN, S/O.DIVAKARAN, PUDUVALSTHALATH VEEDU, THEKEMALIPURAM, AZHEEKAL, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, KOCHI. 5. THE VILLAGE OFFICER, PUDUVYPU, KOCHI. BY GOVT. PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J --------------------------------- W.P.C.No.4035 OF 2008 ------------------------------------ Dated this the 4th day of January, 2008 JUDGMENT Petitioner is the plaintiff in O.S.No.55/04 before the Sub Court, Irinjalakkuda. The same was instituted Informa Pauperis. The suit was decreed in part as evident by Ext.P1, along with proportionate costs. In the meanwhile as evident by Exts.P2 and P3, steps under the Revenue Recovery Act have been taken for recovering the court fee payable on O.S.No.55/04. Hence the writ petition. After considering the averments in the writ petition and hearing the counsel on both sides, writ petition is disposed of in the following terms: 1). Enforcement of Exts.P2 and P3 shall be kept in abeyance for a period of six months from today. 2). If in the meanwhile, the defendants in O.S.No.55/04 file an appeal against Ext.P1, the petitioner shall make a suitable application before the appellate court for a direction to the defendants to deposit the amount payable by way of court fee so that it can be appropriated towards the requisition made by the WPC.No.4035/08 2 Subordinate Judge as per Ext.P1. If no appeal is filed in the meanwhile, petitioner may move for execution of Ext.P1 and seek suitable reliefs from the execution court. (V.GIRI, JUDGE) sv.