IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30839 of 2009(Y)
1. ACHUTHAN, S/O.RAMANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE DEPUTY TAHSILDAR (R.R.)
4. THE DEPUTY COMMISSIONER (APPEALS)
For Petitioner :SRI.RAFFEEKH.K
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :30/10/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.30839 OF 2009
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Dated this the 30th day of October, 2009
J U D G M E N T
———————-
1. With respect to order imposing penalty pertaining to
the years 2005-06 and 2006-07, the petitioner had filed appeals
as evidenced by Ext.P2, before the 4th respondent- statutory
appellate authority. It is stated that, along with the appeals the
petitioner had also filed applications seeking early hearing.
According to the petitioner the appeals as well as the early
posting petitions are pending consideration and disposal before
the 4th respondent. Grievance of the petitioner is that without
considering pendency of the appeals, recovery steps have now
been initiated pursuant to notices issued under Ext.P1 series.
Hence the petitioner is seeking direction for early disposal of the
appeals and till then to keep in abeyance the recovery steps.
2. Having considered facts and circumstances, I am of
the opinion that since statutory appeals are pending before the
4th respondent, it is for the petitioner to approach that authority
seeking stay against recovery steps. Therefore this writ petition
is disposed of directing the petitioner to move stay application
before the 4th respondent in Ext.P2 appeals, within a period of six
W.P.(C).30839/09-Y 2
weeks from today. The 4th respondent is directed to consider and
dispose of such stay applications if filed, and if the appeals are
validly instituted, after affording opportunity of hearing to the
petitioner as early as possible, at any rate within one month from
the date of filing of such stay petition.
3. In order to facilitate the petitioner to approach the 4th
respondent, with stay petition further coercive steps of recovery
initiated pursuant to Ext.P1 series notice are directed to be kept
in abeyance for a period of two months.
C.K.ABDUL REHIM, JUDGE.
okb