IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33345 of 2008(T) -------------------------- PETITIONER(S): --------------- N.ANIL KUMAR, S/O.N.GOVINDAN, NAMBOLAN HOUSE, P.O.AZHIKKODE, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH SMT.M.K.MEHRUNISHA BASIMA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KANNUR. 3. SPECIAL DEPUTY TAHSILDAR, REVENUE RECOVERY, KANNUR. 4. EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION, KANNUR-7. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 33345 OF 2008 T ```````````````````````````````````````````````````` Dated this the 17th day of November, 2008 J U D G M E N T Case of the petitioner in brief is as follows. Petitioner was a licensee for collection of toll, warfage and berthing charges under Ext.P1 agreement. According to the petitioner, he could not make any collection of toll etc. for want of physical conditions mentioned in Ext.P3 letter issued by the 4th respondent. The 4th respondent issued a letter to the petitioner directing to pay Rs.1,53,490/- or to face revenue recovery proceedings. Petitioner filed O.S.246/06. The suit came to be dismissed. The petitioner filed application for restoration of the suit accompanied by a medical certificate also. The petitioner had approached this court earlier in regard to another year and a learned single Judge of this court relegated the petitioner to approach the civil court. 2. Having heard the parties, I feel that recovery steps WPC.33345/08 : 2 : pursuant to Ext.P5 can be kept in abeyance for some time so that the petitioner can work out his remedies in the civil suit. Accordingly, it is ordered that recovery proceedings pursuant to Ext.P5 will be kept in abeyance for a period of two months from today. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE