IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 818 of 2007(V) ---------------------------------- PETITIONER: T.U. SHAJAN, THOTTUNGAL HOUSE, PUTHUR DESOM, KAINOOR VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.AJITH NARAYANAN RESPONDENTS: 1. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE SECRETARY, DISTRICT PANCHAYATH, AYYANTHOLE, THRISSUR. 3. THE TAHSILDAR (R.R), TALUK OFFICE, THRISSUR-20. 4. THE DISTRICT AGRICULTURAL OFFICER (HORTICULTURE), CHEMBUKKAVU, THRISSUR. BY GOVT. PLEADER SRI.V.K.SHAMSUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 818/07 PETITIONER'S EXHIBITS: EXT. P1TRUE COPY OF THE NOTICE NO.RR3-1271/04 FROM THE THIRD RESPONDENT TO THE PETITIONER EXT. P2 TRUE COPY OF THE NOTICE NO.RR6-1271/04 DT. 28.11.06 FROM THE THIRD RESPONDENT TO THE PETITIONER EXT. P3 TRUE COPY OF THE REPRESENTATION DT. 5.1.07 FROM THE PETITIONER TO THE FIRST RESPONDENT /TRUE COPY/ P.R.Ramachandra Menon, J. ------------------------------------------- W.P.(C)No.818 of 2007 V ------------------------------------------- Dated this the 3rd day of August, 2011 JUDGMENT Petitioner, who is stated as the Convener of a beneficiary committee, was assigned with the task of effecting certain works utilising the funds provided under a particular Scheme to the extent of `.1,43,000/-. It is stated that out of the amount so sanctioned, nearly `.60,000/- was used for electrical works and the rest was used for other works already sanctioned. However, alleging diversion of funds and misutilisation/non utilisation of funds, proceedings were initiated against the petitioner to recover the same by resorting to coercive steps under the Revenue Recovery Act. The immovable property was in fact attached as per Exhibit P1 proceedings and later, it was put to auction as per Exhibit P2 notice. At that juncture, petitioner preferred Exhibit P3 representation before the first respondent under Section 72 of the Revenue Recovery Act and since coercive steps were being pursued, there was no other remedy to the petitioner, but to approach the Court by filing this writ petition. 2. When the matter came up for consideration before this Court on 9.1.2007, it was admitted and coercive proceedings pursuant to WPC 818/07 2 Exhibit P2 were stayed on condition that petitioner paid an amount of `.25,000/-, which is stated to be complied with. Learned counsel for the petitioner submits that the proceedings pending before the first respondent by way of Exhibit P3 are still to be finalised. 3. Heard the learned Government Pleader as well. No counter affidavit has been filed by the respondents. 4. Considering the facts and circumstances of the case, first respondent is directed to consider and finalise Exhibit P3, passing appropriate orders in accordance with law, if the same is pending as on date, after giving an opportunity of hearing to the petitioner and respondents 2 to 4, as expeditiously as possible, at any rate within 'two months' from the date of receipt of copy of this judgment. The coercive proceedings pursuant to Exhibit P2 shall be kept in abeyance till such time. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps. The writ petition is disposed of as above. (P.R.Ramachandra Menon, Judge) tkv