IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 26358 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------- THOMAS, SON OF SOURU,KALLUKKADAN HOUSE, THURUTHI KARA, VENGOOR WEST VILLAGE, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.M.RAMAN KARTHA SRI.ARUN BASIL RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-695 001. 2. THE DISTRICT COLLECTOR,ERNAKULAM.PIN-682 030 3. THE REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA.PIN-686 661 4. THE ADDL.TAHSILDAR,TALUK OFFICE, KUNNATHUNAD,PERUMBAVOOR.PIN- 683 542. 5. THE VILLAGE OFFICER, VENGOOR WEST VILLAGE, PERUMBAVOOR.PIN-683 542 6. THE GEOLOGIST, MINIG AND GEOLOGY DEPARTMENT, CIVIL STATION, KAKKANAD.PIN-682 030 7. K.V.KURIAKOSE,SON OF VARKEY, KARIKKUDI,MUDAKKUZHA P.O, PERUMBAVOOR.PIN-683 542 R1 TO R6 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26358/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DATED 8/11/1996. P2 COPY OF THE ORDER DATED 19/1/2011. P3 COPY OF THE NOTICE DATED 19/1/2011. P4 COPY OF THE APPEAL DATED 24/3/2011. P5 COPY OF THE DEMAND NOTICE DATED 12/7/2011. P6 COPY OF THE DEMAND NOTICE DATED 12/7/2011. P7 COPY OF THE REPORT OF THE VILLAGE OFFICER DATED 18/1/2011. P8 COPY OF THE STATEMENT GIVEN BY THE PETITIONER DATED 25/9/2010. P9 COPY OF THE LETTER DATED 4/8/2010 OF THE GEOLOGIST DATED 4/5/2010. P10 COPY OF THE LETTER DATED 18/8/2010 OF THE DISTRICT COLLECTOR. P11 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE R.D.O. DATED 23/3/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.SIRI JAGAN, J. ================== W.P.(C).No. 26358 of 2011 ================== Dated this the 19th day of October, 2011 J U D G M E N T Against the orders directing the petitioner to pay royalty and fine in respect of unauthorised quarrying, the petitioner has filed Ext.P4 appeal before the 3rd respondent. The petitioner has also filed Ext.P11 stay petition for stay. The petitioner's grievance in this writ petition is that before the appellate authority could pass orders on Ext.P11 stay petition, revenue recovery proceedings have been initiated for recovery of the amounts disputed in the appeal. The petitioner seeks stay of recovery pending disposal of the appeal. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 3rd respondent shall consider and pass orders on Ext.P11 stay petition, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are passed on Ext.P11 stay petition, further coercive recovery proceedings shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-