IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6241 of 2008(R) ------------------------- PETITIONER: ------------ 1. ABDU, S/O.LATE MOHAMMED, AGED 56 YEARS, VAYALAKKATTU HOUSE, KADUNGAPURAM, PUZHUKKATTIRI, MALAPPURAM. 2. C.HAMSA, S/O.LATE MOIDEEN, AGED 48 YEARS, CHANDRATHIL HOUSE, KADUNGAPURAM P.O MALAPPURAM. BY ADV. SRI.SHAJI P.CHALY SMT.K.S.SUMITHA SMT.M.M.JASMIN SRI.ABDUL JALEEL.A SRI.S.GOPAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE DEPUTY TAHSILDAR (R.R), TALUK OFFICE, PERINTHALMANNA. 4. ABOOBACKER HAJI, S/O.MOHAMMED, AGED 48 YEARS, PALAKKATHODI HOUSE, KARINJAPPADI, KURUVA, PERINTHALMANNA. 5. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY GOVERNMENT PLEADER SRI.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 6241 of 2008 -------------------------- Dated this the 22nd February, 2008 J U D G M E N T Challenging Exhibits P12 and P13 orders passed under Section 44 of the Revenue Recovery Act, petitioners have preferred Exhibits P14 and P15 statutory appeals before the 2nd respondent. Appeals are pending. In the meanwhile, properties stated to have been purchased by the petitioners under Exhibits P1 and P2 sale deeds are proposed to be brought to sale for recovering the sales tax arrears due from the 4th respondent, who is the vendor under Exhibits P1 and P2. Exhibits P18 and P19 are the sale notices issued in this behalf. 2. I heard the learned counsel for the petitioner and the learned Special Government Pleader Sri.Tek Chand. In my view, petitioners statutory appeals are bound to be considered by the appellate authority. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exhibits P14 and P15 appeals, after hearing the petitioners as also the 4th W.P ( C) No. 6241 of 2008 2 respondent - vendor, within a period of four months from the date of receipt of a copy of this judgment. The sale of the property as contemplated by Exhibits P18 and P19 shall be deferred till orders are passed by the 2nd respondent as aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 6241 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007