High Court of KeralaWP(C)/11140/2013disposed of

A.Jamaludeen v. The District Collector

2015-08-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 11140 of 2013 (N) ---------------------------- PETITIONER :

----------------------- A.JAMALUDEEN, AGED 65 YEARS, S/O. ABDUL KARIM, RESIDING AT PARAVILA VEEDU, KILIMANOOR, THIRUVANANTHAPURAM.

BY ADVS.SRI.AYYAPPAN SANKAR SRI.JAYAN JOHN SMT.S.HRIDYA RESPONDENT(S):

----------------------------

1. THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. PIN-695 001

2. DEPUTY TAHSILDAR (RR), CHIRAYINKEEZHU TALUK, TALUK OFFICE, ATTINGAL, THIRUVANANTHAPURAM. PIN-695 026

3. VILLAGE OFFICER, KILIMANOOR VILAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. PIN-695 026 BY GOVERNMENT PLEADER SMT. M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 11140 of 2013 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 PHOTOCOPY OF THE RESTORATION PETITION FILED AS I.A. NO. 4450/12 IN O.S. NO. 168/2006 BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM.

EXT.P2 PHOTOCOPIES OF NOTICES UNDER SECTIONS 7 AND 34 OF REVENUE RECOVERY ACT ISSUED ON 23-3-13 BY THE 2ND RESPONDENT UNDER AUTHORIZATION OF 1ST RESPONDENT.

EXT.P3 PHOTOCOPY OF THE OBJECTION DATED 11-4-13 TO EXHIBIT P2. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts

A. MUHAMED MUSTAQUE, J ------------------------------------------------ W.P.(C).No. 11140 of 2013 ------------------------------------------------ Dated this the 05th day of August, 2015

JUDGMENT

The petitioner threatened with revenue recovery proceedings to recover the court fee, has approached this Court.

2. The petitioner's suit as well as the restoration application have been dismissed for non prosecution. The petitioner thereafter filed I.A. for restoration along with an application to condone delay. Those I.A's were posted for consideration on 01.08.2015 by the learned Sub Judge.

3. This Court called for a report and the learned Sub Judge requested for 20 days time to dispose I.A. No.5594/2013 in O.S. No.168/2006. In that view of the matter, the revenue recovery proceedings are liable to be deferred for a period of six weeks, to enable the petitioner, to work out the alternate remedy. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr