IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26391 of 2011(Y) --------------------------------------- PETITIONER(S): ----------------------- MATHAI,S/O.YOYAKKI, AGED 75 YEARS, KARIKUDIYIL HOUSE,PRALAYAKADU KARA, VENGOOR WEST VILLAGE,VENGOOR P.O.,KUNNATHUNADU TALUK,ERNAKULAM DISTRICT. BY ADVS. SRI.P.BENJAMIN PAUL SRI.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): -------------------------- 1. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA,MUVATTUPUZHA P.O., ERNAKULAM DISTRICT,PIN-686661. 2. THE ADDITIONAL TAHSILDAR, KUNNATHUNADU TALUK, PERUMBAVOOR,PERUMBAVOOR P.O.,PIN-683542. 3. DEPUTY TAHSILDAR (REVENUE RECOVERY), KUNNATHUNADU TALUK, TALUK OFFICE, PERUMBAVOOR, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN-683542. BY GOVT. PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.26391/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PATTA ISSUED IN FAVOUR OF THE TAHSILDAR, KUNNATHUNADU TALUK BEARING NP. PF 70/1974. P2:- COPY OF THE TAX RECEIPT FOR PAYMENT OF TAX ISSUED FOR EXT. P1 PROPERTY. P3:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 19.1.2011. P4:- COPY OF THE APEAL PREFERRED BY THE PETITIONER AGAINST EXT.P3 BEFORE THE IST RESPONDENT DT.D 10.2.2011. P5:- COPY OF THE APPLICTION FOR STAY FILED ALONGWITH EXT.P4. P6:- COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT DTD. 12.7.2011. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A.TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).No. 26391 of 2011 ================== Dated this the 4th day of October, 2011 J U D G M E N T In land conservancy proceedings for alleged unauthorised quarrying, the petitioner has been directed to pay royalty, fine etc. by Ext.P3 order. Against the same, the petitioner has filed Ext.P4 appeal along with Ext.P5 stay petition. The petitioner's grievance is that during the pendency of the appeal and stay petition, revenue recovery proceedings have been initiated. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5 stay petition, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are passed on Ext.P5 stay petition, coercive proceedings for recovery of the amount shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge