IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23271 of 2011(H) ---------------------------------- PETITIONER(S): --------------- SHIBU, S/O.VARKEY, POTTAKKAL HOUSE, MUDAKKUZHA.P.O., VENGOOR WEST VILLAGE, PRALAYAKKAD, ERNAKULAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.P.MOHANDAS (ERNAKULAM) SRI.M.R.JAYAPRASAD SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 686 661. 3. TAHASILDAR, KUNNATHUNAD TALUK, KUNNATHUNAD, ERNAKULAM DISTRICT. PIN-683 542. 4. DEPUTY THAHSILDAR (R.R), KUNNATHUNAD TALUK, KUNNATHUNAD, ERNAKULAM DISTRICT. PIN-683 542. 5. ADDITIONAL THAHSILDAR, KUNNATHUNAD TALUK, KUNNATHUNAD, ERNAKULAM DISTRICT. PIN-683 542. 6. VILLAGE OFFICER, VENGOOR WEST VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 683 545. 7. THAHASILDAR (SPECIAL THAHSILDAR), LAND ASSIGNMENT, PERUMBAVOOR, PIN-683 542. 8. GEOLOGIST MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, ERNAKULAM, COCHIN-30. GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23271 of 2011(H) APPENDIX PETITIONER'S EXHIBITS EXT.P1; COPY OF SETTLEMENT DEED DATED 6.10.1999 BEARING NO.2208 OF SRO KURUPPAMPADY. EXT.P2: COPY OF ORDER ISSUED BY R4 DATED 19.1.2011. EXT.P3: COPY OF ORDER OF WITHDRAWAL OF ATTACHMENT ISSUED BY R2 TO THE PETITIONER DATED 22.2.2010. EXT.P4: COPY OF LETTER ISSUED BY R7 TO THE PETITIONER. EXT.P5: COPY OF APPEAL FILED BY THE PETITIONER BEFORE R1. EXT.P6: COPY OF PETITION FOR STAY FILED BY THE PETITIONER BEFORE R1 IN THE ABOVE APPEAL. EXT.P7: COPY OF DEMAND NOTICE ISSUED BY R3 ON BEHALF OF R2 DATED 12.07.2011. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.23271 OF 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 JUDGMENT Pursuant to proceedings under the Land Conservancy Act, amount has been demanded from the petitioner on the ground that the petitioner unauthorisedly blasted rock from the Government land. Against the same, the petitioner filed Ext.P5 appeal along with Ext.P6 stay petition before the 2nd respondent. The petitioner's grievance is that without disposing of Ext.P6 stay petition, Ext.P7 revenue recovery proceedings have been initiated for recovery of the disputed amount. The petitioner, therefore, seeks stay of recovery pending appeal. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P6 stay petition, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till Ext.P6 stay petition is disposed of, proceedings for recovery of the amount disputed in Ext.P5 appeal shall be kept in abeyance. S. SIRI JAGAN, JUDGE acd