IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27889 of 2008(T) -------------------------- PETITIONER: ------------ JAYENDRAN, S/O DIVAKARAN, PUDUVALSTHALATH VEEDU, THEKE MALIPURAM, AZHEEKAL, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE SPECIAL TAHSILDAR, REVENUE RECOVERY, KOCHI. 5. THE VILLAGE OFFICER, PDUVYPU, KOCHI. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 27889 OF 2008 T ```````````````````````````````````````````````````` Dated this the 19th day of September, 2008 J U D G M E N T Petitioner and his relatives filed a civil suit claiming compensation. Petitioner is aggrieved by recovery steps. Petitioner had approached this court with the same complaint earlier and Ext.P5 is the judgment thereon. In Ext.P5, this court directed as follows: “ If in the meanwhile, the defendants in O.S.No.55/04 file an appeal against Ext.P1, the petitioner shall make a suitable application before the appellate court for a direction to the defendants to deposit the amount payable by way of court fee so that it can be appropriated towards the requisition made by the subordinate judge as per Ext.P1.” 2. Petitioner has approached this court contending that no appeal has been filed yet and recovery is being proceeded with against the petitioner. The prayer is to WPC.27889/08 : 2 : command the 3rd respondent to pay the 2nd respondent the amounts covered by Exts.P2 and P3 in the interest of justice and not to initiate any further proceedings based on Exts.P2 and P3 since the government has to pay the petitioner in the interest of justice. In view of the earlier judgment Ext.P5, I feel that it cannot be open to the petitioner to approach this court with the present prayers. It is for the petitioner to work out his remedy either by moving the execution court as directed in Ext.P5 judgment or by moving the court if he feels aggrieved by the terms of Ext.P5. Without prejudice to the said remedy of the petitioner, writ petition is disposed of. In order to permit the petitioner to work out the remedy, revenue recovery proceedings will be kept in abeyance for six weeks from today. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE