IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 WA.No. 1014 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9810/2009 Dated 01/04/2009 .................... APPELLANT: -------------- K.M. BABY, AGED 58, S/O. LATE MATHEW, KAVALAMTHARAYIL HOUSE, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY, MINISTRY OF REVENUE, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, ELAMKULAM VILLAGE, ELAMKULAM. 5. THE GREATER COCHIN DEVELOPMENT AUTHORITY, REP. BY ITS SECRETARY, GCDA OFFICE, KADAVANTHRA, KOCHI-20. STANDING COUNSEL, MR.M.K.THANKAPPAN FOR GCDA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI & C.K.ABDUL REHIM, JJ. ========================= W.A.No.1014 of 2009 =============================== Dated this the 12th day of May, 2009. J U D G M E N T Giri, J. The appellant/writ petitioner challenges the revenue recovery proceedings initiated by the respondents for recovery of amounts due from him to the GCDA. Learned Single Judge took note of the fact that a civil suit filed by the appellant had been dismissed, that the learned standing counsel for the GCDA contended that an amount of Rs.2,35,000/- is still outstanding and that the transaction is more than twenty four years old. 2. Referring to the submission made by the appellant/petitioner that he intends to file an appeal against the decree, recovery proceedings were kept in abeyance subject to the condition that the appellant/petitioner pays an amount of Rs.75,000/- within one month from the date of the judgment. That judgment is challenged in this writ appeal. 3. We heard the learned counsel for the appellant and the learned standing counsel for the GCDA. W.A.No.1014 of 2009 2 4. The condition imposed by the learned Single Judge cannot be considered as unreasonable and does not warrant any interference by this Court. Hence we dismiss the writ appeal. The time to make payment shall stand extended by a period of six weeks from today. V.GIRI, JUDGE. C.K.ABDUL REHIM, JUDGE. bkn/-