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.
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W.A.No.1014 of 2009
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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/-