IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 22460 of 2009(B) -------------------------- PETITIONER: --------------- ANILKUMAR, PROPRIETOR, BHARAT ALUMINIUM FABRICATIONS AND INTERIOR DECORATORS, ELAKOLLAM P.O., KONNI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR (RR), PATHANAMTHITTA P.O., PATHANAMTHITTA 3. PADMAKUMAR, PANCHAMI HOUSE, ANGADICAL NORTH P.O., KODUMON. BY GOVT. PLEADER SRI. BIJOY CHANDRAN FOR R1 & R2 ADV. SRI.BECHU KURIAN THOMAS FOR R3 SRI.ROSHEN.D.ALEXANDER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22460 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 04.06.2008 IN C.C. NO.39/2007 FILED BY THIRD RESPONDENT BEFORE CDRF, PATHANAMTHITTA. EXT.P2: COPY OF THE APPEAL - FA 417/2009 IN STATE CONSUMER DISPUTE REDRESSAL COMMISSION. EXT.P3: COPY OF THE DEMAND NOTICE U/S 7 OF THE RR ACT, 1968 EXT.P4: COPY OF THE DEMAND NOTICE U/S 34 OF THE RR ACT, 1968 EXTP5: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED 25.07.2009 BEFORE THE 2ND RESPONDENT /TRUE COPY/ P.A TO JUDGE C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.22460 OF 2009 ------------------------------ Dated this the 19th day of November, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against revenue recovery steps initiated for recovery of amounts due under an order issued by the District Consumer Redressal Forum Pathanamthitta (Ext.P1). It is submitted by both sides that the order in question was challenged before the State Consumer Dispute Commission and the order was set aside and remanded back for fresh consideration by the District Forum. As such there is no amount due which can be recovered at present. 2. The above submission is recorded and the impugned notices of recovery, Ext.P3 and P4, are hereby quashed. C.K.ABDUL REHIM, JUDGE. okb