Rajesh Balakrishnan v. Deputy Tahsildar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 3106 of 2015 (K) --------------------------- PETITIONER:

------------------- RAJESH BALAKRISHNAN, AGED 44 YEARS, S/O.BALAKRISHNAN, PASHNATH HOUSE, CHETTIPARAMBA, IRINJALAKUDA -680 121, THRISSUR DISTRICT.

BY ADVS.SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH, SRI.RAAJESH S.SUBRAHMANIAN.

RESPONDENT:

---------------------- DEPUTY TAHSILDAR, REVENUE RECOVERY, MUKUNDAPURAM TALUK, IRINJALAKKUDA -680 121, THRISSUR DISTRICT.

BY GOVT. PLEADER SMT.SHOBA ANNAMMA EAPEN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 3106 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS:- P1:- TRUE COPY OF THE DEMAND NOTICE NO. 9694/14/CF ISSUED BY THE RESPONDENT DATED 25/07/2014.

P2:- TRUE PHOTOSTAT COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 14/11/2014. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

........................................................ ......................................................... Dated this the 2nd day of February, 2015

J U D G M E N T

The petitioner who had filed a suit for money as an indigent person, without paying court fee, is aggrieved by the action of the respondent in initiating revenue recovery steps against him pursuant to a dismissal of the said suit for default. It is stated that the petitioner has since filed a petition for restoration of the suit which is pending consideration before the court below. The limited prayer in the writ petition is for keeping the revenue recovery steps in abeyance till such time as the restoration petition is considered by the court below and orders are passed therein.

2. I have heard Sri.P.B.Sahasranaman, the learned counsel for the petitioner and Smt.Sobha Annamma Eappen, the learned Government Pleader for the respondent.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct the sub Court, Irinjalakuda, to consider and pass orders on I.A.2186 of

2014 in O.S.No.241 of 2012, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that recovery steps pursuant to Ext.P1 notice shall be kept in abeyance till such time as orders are passed by the Sub Court, Irinjalakuda, as directed above and communicated to the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE mns/