IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1453 of 2008(W)
1. K. SATHEESHKUMAR, AGED 38 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DISTRICT EXECUTIVE OFFICER,
3. THE TAHSILDAR (RR), KOLLAM.
4. THE VILLAGE OFFICER,
For Petitioner :SRI. K.SIJU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 1453 OF 2008
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Dated this the 11th day of January, 2008
J U D G M E N T
This writ petition has been filed by the petitioner on receipt
of Ext.P5 demand notice issued under the provisions of the
Revenue Recovery Act. Petitioner submits that aggrieved by
Exts.P1 to P3, P4 appeal has been filed before the 1st respondent
and that it is pending consideration of the appeal that coercive
action has been taken.
2. Standing counsel for the respondents objects to the
request of the petitioner for deferring Ext.P5 on the ground that
the appeal filed by the petitioner is belated. However, petitioner
contends that the copy of the final determination order was not
served on him and he had collected it only recently and
immediately thereafter appeal has been filed.
3. In view of the contentions raised as above, I feel the
WPC 1453/08
:2 :
appropriate course is to direct that Ext.P5 demand notice be
deferred for a short while in order to enable the petitioner to seek
appropriate orders from the Appellate Authority.
4. Therefore, I dispose of this writ petition with the
following directions.
That further proceedings pursuant to Ext.P5 demand notice
will be deferred for a period of four weeks from today. During
this four weeks, it will be open to the petitioner to seek
appropriate interim orders from the Appellate authority before
whom Ext.P4 appeal is pending.
ANTONY DOMINIC, JUDGE.
Rp