IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.P(C).No. 7764 of 2008(Y) --------------------------------- PETITIONER: -------------- ROY J.VAYALATT S/O.LATE JOSE VAYALATT,PARTNER, M/S.RUBY MARINE FOODS,THOPUMPADY, KOCHI RESIDING AT 'NEST' HOUSE, NEAR KANNANKATTU TEMPLE, EDAKOCHI. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY (TAXES) 2. THE DEPUTY THAHSILDAR (RR) COCHIN-1. 3. THE DEPUTY COMMISSIONER (APPEALS) COMMERICIAL TAXES, ERNAKULAM. 4. THE COMMERICIAL TAX OFFICER 2ND CIRCLE, MATTANCHERRY, KOCHI. 5. THE SPECIAL THAHSILDAR OFFICE OF THE SPECIAL THAHSILDAR KOCHI. BY GOVT. PLEADER, SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7764 OF 2008 Y ==================== Dated this the 10th day of March, 2008 J U D G M E N T In this writ petition, the complaint of the petitioner is that despite the direction in Ext.P2 judgment, without complying with the same, revenue recovery proceedings are being continued. Petitioner had filed an appeal and stay petition before the 3rd respondent. During the pendency of the appeal and stay petition, when revenue recovery proceedings were taken, writ petition was filed in this court and that resulted in Ext.P2 judgment. In that judgment, it was directed that stay petition filed the petitioner and pending before the 3rd respondent shall be taken up and disposed of at any rate within three weeks of receipt of a copy of the judgment. 2. From the submissions made by the learned Government Pleader, it is obvious that orders on the stay petition have not been passed. If that be so, there is no question of WPC 7764/08 :2 : continuing revenue recovery action at this stage. Irrespective of whether the petitioner co-operates or not, it is for the appellate authority to comply with the judgment and therefore until and otherwise orders are passed in the stay petition, coercive action as initiated against the petitioner will stand deferred. With the above direction, the writ petition is disposed of. ANTONY DOMINIC,JUDGE. Rp