IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 6394 of 2006(J) ------------------------- PETITIONER: --------------- K.M.ANTONY, KALLUPURAKAL HOUSE, THAIKATTUSSERY P.O., CHERTHALA. BY ADV. MR. P.V.JAYACHANDRAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND APPELLATE AUTHORITY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD, ALAPPUZHA. 3. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, THIRUR, CHERTHALA. R1 AND R3 BY GOVERNMENT PLEADER MR. P.K. BABU R2 BY ADV. MR. K.HARILAL, SC,KMTWF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 6394 of 2006 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 29th day of June, 2009 JUDGMENT Ext.P3 final assessment order passed by the second respondent has already been subjected to challenge by the petitioner, by filing statutory appeal as borne by Ext.P4, before the first respondent, which is stated as still pending. The learned counsel for the petitioner submits that, it is without any regard to the pendency of the above proceedings that the respondents are proceeding with the coercive steps under the Kerala Revenue Recovery Act against the petitioner, as evident from Ext.P5, which hence is sought to be intercepted by filing the present Writ Petition. 2. The second respondent has filed a counter affidavit seeking to sustain the impugned order whereas no counter affidavit has been filed from part of the first respondent before whom Ext.P4 appeal is stated as pending. 3. After hearing both the sides, including the learned Government Pleader appearing for the 1st and 3rd respondent and the learned standing counsel appearing for the second respondent, the matter is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P4 memorandum of appeal in accordance with law, after giving an opportunity of hearing to the petitioner, as WP (C) No. 6394 of 2006 : 2 : expeditiously as possible, at any rate, within a period of 3 months from the date of receipt of a copy of this judgment. However, it is made clear that till such appropriate orders are passed on Ext.P4 appeal, all further coercive proceedings pursuant to Ext.P5 shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd