IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 22032 of 2008(W) ----------------------------------------------- PETITIONER: ----------------- K.M. PAREETH, PROPRIETOR, UNION SAW MILLS, NADAKKAL.P.O, ERATTUPETTA. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON RESPONDENTS: ----------------------- 1. THE TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, PALA. 2. REVENUE DIVISIONAL OFFICER, PALA. 3. STATE OF KERALA, REP. BY ITS SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 22032 OF 2008 W -------------------------------------- Dated this the 31st July, 2008 JUDGMENT The prayer in the Writ Petition is to take a decision on Ext.P4 application. Recovery proceedings were initiated against the petitioner under the Revenue Recovery Act for realisation of sales tax due. According to petitioner, the sale took place on 29.11.2004. It is thereupon that the petitioner filed the application for setting aside the sale. According to petitioner, petitioner has entered into an agreement with another person for sale of the property and because of the delay, there is no action taken on the sale. Learned counsel for the petitioner prays that an order may be passed on Ext.P4, even though the learned Government Pleader points out that there is a direction given in Writ Petition No.27001/03 not to confirm the sale pursuant to the recovery sale till the disposal of the Revision Petition. However, since the petitioner himself presses in this Writ Petition that a decision may be taken on Ext.P4 application, this WPC.22032/08 W 2 Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P4 in accordance with law after affording an opportunity of being heard to the petitioner, within a period of one month from the date of receipt of a copy of this Judgment. Till such time as a decision is taken on Ext.P4, petitioner will not be dispossessed. Sd K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge