Radhakrishnan, J.

Writ petition was preferred by the appellant seeking a writ of certiorari to quash Ext.P3 revenue recovery notice issued by the Tahsildar for recovery of an amount of Rs.76,138.50 in realization of the decree amount in O.S.No.1064 of 1972 of the Munsiff’s court, Quilon.

2. Suit was instituted by the writ petitioner for a declaration that the initiation of recovery proceedings against it for recovery of damages is illegal. Suit was originally decreed and the same was confirmed by the appellate court. In S.A.No.281 of 1978 judgment was set aside and the trial court was directed to consider the matter afresh. Suit was then dismissed. State took up the matter in appeal, A.S.No.154 of 1981. Appellate court set aside the judgment and later the suit was decreed as prayed for. Writ petitioner then took up the matter in second appeal, S.A.No.1029 of 1989 which was dismissed and the decree has become final.

3. Counsel appearing for the appellant Sri Antony Dominic contended that the State is not entitled to recover the amount since the appellant company is a sick industrial unit falling within the provisions of the Sick Industrial Companies (Special Provisions) Ac