High Court Kerala High Court

K.M. Baby vs State Of Kerala on 12 May, 2009

Kerala High Court
K.M. Baby vs State Of Kerala on 12 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1014 of 2009()


1. K.M. BABY, AGED 58,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SPECIAL TAHSILDAR,

4. THE VILLAGE OFFICER,

5. THE GREATER COCHIN DEVELOPMENT

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/05/2009

 O R D E R
                  V.GIRI & C.K.ABDUL REHIM, JJ.
                   =========================
                       W.A.No.1014 of 2009
                  ===============================
                Dated this the 12th day of May, 2009.

                          J U D G M E N T

Giri, J.

The appellant/writ petitioner challenges the revenue

recovery proceedings initiated by the respondents for recovery of

amounts due from him to the GCDA. Learned Single Judge took

note of the fact that a civil suit filed by the appellant had been

dismissed, that the learned standing counsel for the GCDA

contended that an amount of Rs.2,35,000/- is still outstanding

and that the transaction is more than twenty four years old.

2. Referring to the submission made by the

appellant/petitioner that he intends to file an appeal against the

decree, recovery proceedings were kept in abeyance subject to

the condition that the appellant/petitioner pays an amount of

Rs.75,000/- within one month from the date of the judgment.

That judgment is challenged in this writ appeal.

3. We heard the learned counsel for the appellant and the

learned standing counsel for the GCDA.

W.A.No.1014 of 2009

2

4. The condition imposed by the learned Single Judge

cannot be considered as unreasonable and does not warrant any

interference by this Court. Hence we dismiss the writ appeal.

The time to make payment shall stand extended by a period of

six weeks from today.

V.GIRI, JUDGE.

C.K.ABDUL REHIM,
JUDGE.

bkn/-