G.Udayakumar vs Thahsildar (Revenue Recovery)
2023 Latest Caselaw 10390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                        OP(C) NO. 2029 OF 2023
(AGAINST THE ORDER OF DISMISSAL DATED 18.1.2023 IN OS 567/2012 ON
        THE FILE OF I ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM)


PETITIONER/PLAINTIFF:

            G.UDAYAKUMAR, AGED 49 YEARS,
            S/O. GOPINATHAN NAIR, VAYALNIKATHIYA PUTHEN VEEDU,
            TC 42/1479, THAMPANOOR, THIRUVANANTHAPURAM - 695001.

            BY ADVS.G.SUDHEER
            R.HARIKRISHNAN (H-308)
            SMRITHI S.S.


RESPONDENTS/DEFENDANTS:

    1       THAHSILDAR (REVENUE RECOVERY),
            OFFICE OF REVENUE RECOVERY THAHSILDAR,
            THIRUVANANTHAPURAM, PIN - 695043.

    2       STATE OF KERALA,
            REPRESENTED BY THE DISTRICT COLLECTOR,
            THIRUVANANTHAPURAM, CIVIL STATION, KUDAPANAKUNNU,
            THIRUVANANTHAPURAM, PIN - 695043.

    3       KERALA STATE ROAD TRANSPORT CORPORATION,
            REPRESENTED BY ITS MANAGING DIRECTOR,
            OFFICE OF THE KSRTC, TRANSPORT BHAVAN, FORT,
            THIRUVANANTHAPURAM, PIN - 695023.

            BY ADV.SRI.DEEPU THANKAN, SC
            SRI.SUNIL KUMAR KURIAKOSE, GP


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 2029 OF 2023
                                    -2-

                              JUDGMENT

It is without doubt that this Original

Petition is not maintainable before this Court,

because what is challenged is a judgment and

decree of the I Additional Sub Judge,

Thiruvananthapuram.

2. In fact, Sri.Deepu Thankan - learned

Standing Counsel for the 3rd respondent,

vehemently argued to the afore effect; and

prayed that this Original Petition be dismissed.

3. Sri.G.Sudheer - learned counsel for the

petitioner, conceded that his client has

impugned Ext.P4 - which is the judgment of the

learned I Additional Sub Judge,

Thiruvananthapuram; and submitted that, if this

Court is not inclined to accede to his client's

request, then he may be permitted to withdraw

this Original Petition, with other liberties

being reserved; including to challenge the OP(C) NO. 2029 OF 2023

Revenue Recovery Action before this Court, as

also to impugn Ext.P4, through the statutory

mechanism.

In the afore circumstances, this Original

Petition is dismissed with the afore requested

liberties being reserved to the petitioner; and

making it clear that none of the rival

contentions of the parties have been looked

into.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv OP(C) NO. 2029 OF 2023

APPENDIX OF OP(C) 2029/2023

PETITIONER EXHIBITS

EXHIBIT P 1 COPY OF NOTICE NO.M2 7548/10 DATED 18.5.2010 AND 20.3.2012 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P 1(A) COPY OF NOTICE NO.M2 7548/10 DATED 20.3.2012 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 COPY OF THE PLAINT IN OS NO 567/2012 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM

EXHIBIT P 3 COPY OF THE WRITTEN STATEMENT IN OS NO 567/2012 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM

EXHIBIT P 4 COPY OF THE JUDGMENT DATED 18.01.2023 IN OS NO 567/2012 ON THE FILE OF 1ST ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM