IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 28499 of 2009(F) ---------------------------------------- PETITIONER(S): ----------------------- THE IDUKKI DISTRICT WHOLE SALE CONSUMER'S STORES LTD., NO. K. 444, KATTAPPANA, REP. BY ITS MANAGING DIRECTOR, KTTAPPANA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): -------------------------- 1. THE DY. TAHSILDAR (RR) NEDUMKANDAM, TALUK OFFICE, NEDUMKANDOM P.O., IDUKKI DISTRICT. 2. THE VILLAGE OFFICER, KATTAPPANA VILLAGE OFFICE, KATTAPPANA P.O., IDUKKI DIST. 3. THE NEDUMKANDOM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, NEDUMKANDOM P.O., IDUKKI DISTRICT. 4. THE SPECIAL GRADE SECRETARY, NEDUMKANDOM GRAMA PANCHAYAT, NEDUMKANDOM P.O., IDUKKI DISTRICT. R1 & R2 BY GOVT. PLEADER MR.MATHEW GEORGE VADAKKEL. R3 & R4 BY ADV. SRI.S.DILEEP (KALLAR). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28499/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 15/11/2004 ISSUED UNDER RULE 14 OF THE KERALA PANCHAYAT RAJ ACT (TAXATION LEVY AND APPEAL) RULES 1996. EXT.P2: COPY OF THE RECEIPT DATED 14/12/2004 ISSUED BY THE 3RD RESPONDENT PANCHAYAT. EXT.P3: COPY OF THE LETTER DATED 22/11/2005 OF THE PETITIONER TO THE RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 02/12/2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE LEASE AGREEMENT DATED 28/12/2005 EXECUTED BY THE PETITIONER AND THE RESPONDENT EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO. 34264/2004 DATED 23/05/2008. EXT.P7: COPY OF THE DEMAND NOTICE DATED 16/09/2008 ISSUED BY THE 4TH RESPONDENT SECRETARY OF THE 3RD RESPONDENT PANCHAYAT. EXT.P8: COPY OF THE DEMAND ORDER DATED 27/05/2009 IN P.NO.400/2009 IN WP(C) NO. 24264/2004. EXT.P9: COPY OF THE NOTICE NO.A2.620/2009 DATED 09/02/2009 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXT.P10: COPY OF THE NOTICE NO.A2.620/2009 DATED 09/02/2009 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.28499 of 2009-F ---------------------------- Dated this the 6th day of April, 2010. J U D G M E N T The petitioner is challenging the recovery proceedings being pursued at the instance of the third respondent Panchayat. 2. The learned standing counsel appearing for the Panchayat submits that the Government has accorded sanction for approving the resolution passed by the Panchayat with regard to the issue involved and this being the position, no further coercive steps are intended to be pursued against the petitioner and that necessary instructions will be given to the Revenue Authorities in this regard. 3. In the said circumstances, the submission made as above is recorded and no further proceedings shall be pursued against the petitioner pursuant to Ext.P9 and P10, in respect of the cause of action projected in the Writ Petition. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab