IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 15345 of 2008(B) -------------------------- PETITIONER: ------------ K.V.CHELLAPPAN,S/O. VELAN, AGRICULTURIST, AGED 55 YEARS, KUNNAMKOTTUKALLATHIL, CHITTADY, VANDAZHY AMSOM, DESOM, ALATHUR TALUK, PALAKKAD DISRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENTS: ------------- 1. THE TAHSILDAR, TALUK OFFICE, PALAKKAD DISTRICT. 2. THE DISTRICT COLLECTOR CIVIL STATION, PALAKKAD. 3. THE REGIONAL TRANSPORT OFFICER OFFICE OF THE REGIONAL TRANSPORT AUTHORITY PALAKKAD. 4. STATE OF KERALA, REP. BY SECRETARY REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 5. R.BALAKRISHNAN, S/O. BALAN AGED 45 YEARS, PAKKAD HOUSE MUDAPPALLUR AMSOM & DESOM, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER, SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 15345 of 2008-B ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 23rd day of May, 2008 J U D G M E N T Petitioner submits that he has acquired a portion of land by Ext.P1 title deed. According to the petitioner long after the purchase he made, first respondent passed Ext.P5 order under the Revenue Recovery Act on account of the liability of his vendor. It is stated by the petitioner that being aggrieved by Ext.P5, he filed Ext.P7 appeal before the second respondent and that appeal is still pending. In the meanwhile, in pursuance to Ext.P5, the property is scheduled to be sold and Ext.P8 sale notice is referred by the petitioner to prove this contention. Complaining that during the pendency of Ext.P7 steps are being taken to implement Ext.P5, this writ petition is filed. 2. I heard the learned Government Pleader also in this matter. 3. Since the appeal filed by the petitioner against Ext.P5 is still pending consideration of the appellate authority, it is only proper that the impugned order is kept in abeyance till the appeal W.P.(C).No.15345/2008-B -: 2 :- is decided one way or the other, as otherwise, third party rights will intervene causing prejudice to the petitioner. 4. In the above circumstances, I direct that the second respondent shall take up, consider and pass appropriate orders on Ext.P7 appeal with notice to the petitioner as expeditiously as possible at any rate within eight weeks from the date of production of a copy of this judgment. In the meantime further proceedings pursuant to Ext.P8 shall be kept in abeyance. The petitioner shall produce a copy of this judgment before first and second respondents for compliance. ANTONY DOMINIC, Judge ms