1. The appeal is by the State against the decision of a learned Judge reported as Kerala Flour Mills, Mattancherry v. State of Kerala 1979 KLT. 18. The learned Judge allowed the writ petition of the respondent and declared that in respect of the dues to the Government for which revenue recovery proceedings were taken against him, the proceedings would not be valid if they are related to amount due under contracts not evidenced by written agreements. Having made this declaration, the learned Judge was further of the view that there was no need to grant the prayer asked for by the respondent to quash Ext. P.4 demand as the same was only a plain and simple demand for payment of money and not any step taken under the Revenue Recovery Act. As Revenue recovery proceedings had commenced as admitted in the counter-affidavit, and as, according to the learned Judge such proceedings were not available in respect of contracts other than written contracts, The learned Judge restrained the respondents to the writ petition (the appellants before us) from continuing revenue recovery proceedings in respect of Ext. P-4. The O. P. was allowed to the extent indicated.

2. The respondent was