IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 11917 of 2009(H) -------------------------- PETITIONER(S): --------------- S. MANOHARAN, S/O. SADASIVAN, RESIDING AT KINATTUVILAKATHU VEED, S.N. NAGAR, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, OFFICE OF THE ASST. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 5. THE DY. TAHSILDAR (RR), TALUK OFFICE, EAST FORT, THIRUVANANTHAPURAM. 6. THE REVENUE COMMISIONER, OFFICE OF THE REVENUE COMMISSIONER, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 11917 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th April, 2009. J U D G M E N T The petitioner is a defaulter of abkari arrears. The petitioner moved the insolvency court by filing insolvency petition. In that, Ext. P2 order has been passed. The petitioner submits that by Ext. P2 order, all further revenue recovery proceedings against the petitioner have been stayed. In spite of the same, now Ext. P3 demand notice has been issued, is the contention of the petitioner. I am of opinion that if the petitioner has a case that Ext. P2 has been violated, the remedy of the petitioner lies in moving the court which passed Ext. P2 for violation of that order. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.