IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 RP.No. 22 of 2010() ------------------- AGAINST THE JUDGEMENT IN WPC.19704/2004 Dated 13/08/2009 .................... REVIEW PETITIONERS/RESPONDENTS 1,3&4: --------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, LABOUR & RAHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR (REVENUE RECOVERY), KASARAGODE. 3. THE VILLAGE OFFICER, BADIADK VILLAGE, KASARAGOD DISTRICT. BY G.P. SRI.LAKSHMI NARAYAN RESPONDENTS/PETITIONER & 2ND RESPONDENT: -------------------------- 1. K.GANESH, S/O.RAGHUVEERA RAO, BEEJATHADKA HOUSE, BADIADKA VILLAGE, KASARAGOD DISTRICT. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, KASARAGOD. R1 BY ADV. SRI.SAJEEVKUMAR K. GOPAL R2 BY ADV. SRI.PAULSON C. VARGHESE, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... R.P. No.22 of 2010 in W.P.(C) No.19704 of 2004 .................................................................... Dated this the 11th day of February, 2010. ORDER State has filed the Review Petition stating that there is no appeal pending against the adjudication order based on which impugned recovery was initiated. However, he has pointed out that subsequent appeal filed is pending, which can be disposed of. In the circumstances, R.P. is disposed of by holding that if appeal was not pending as on the date of judgment, no orders need be passed pursuant to direction issued. However, appeal later filed can be disposed of. Recovery proceedings can be initiated or continued for recovery of the arrears. C.N.RAMACHANDRAN NAIR Judge pms