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2024 Supreme(Online)(KER) 51496
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 OP(C) NO. 2313 OF 2023 AGAINST THE ORDER/JUDGMENT UNNUMB.OS 14/2023 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA PETITIONER/PLAINTIFF:
FATHIMA @ PATHU AGED 65 YEARS D/O. PANDALAPARAMBIL AMMUTTY, HOUSE NO.7/365, KATTOOR VILLAGE, PONJANAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680702 BY ADV N.L.BITTO RESPONDENTS:
1 VILLAGE OFFICER, KATTOOR VILLAGE, KATTOOR P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680702
2 DEPUTY THAHASILDAR REVENUE RECOVERY MUKUNDAPURAM TALUK, IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680125
3 DISTRICT COLLECTOR THRISSUR COLLECTORATE, AYYANTHOLE, THRISSUR, THRISSUR DISTRICT, PIN – 680003 S. UNNIKRISHNAN – GOVERNMENT PLEADER THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Petitioner is the plaintiff in an unnumbered suit filed before the Principal Munsiff’s Court, Irinjalakuda. She is aggrieved by Ext.P6 order rendered in I.A. No.1/2023 in the said unnumbered suit, which dismissed an application under Section 80 of the Code of Civil Procedure. The reason stated by the learned Munsiff is that no urgent or immediate relief is sought for against the Government.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. Learned Munsiff took note, in paragraph No.1 of Ext.P6 order, that the suit itself is one for permanent prohibitory injunction against Revenue Recovery Proceedings. It is also taken note by the learned Munsiff that petitioner is a senior citizen, who is paralysed and bedridden. According to the petitioner, the Award in a motor accident case was passed against her son, for which, the property of the petitioner is not liable to be proceeded against.
4. Having heard the learned counsel for the petitioner and perused Ext.P6 order, this Court is of the opinion that Ext.P6 cannot be sustained. The petitioner had espoused adequate urgency to dispense with notice under Section 80 of the Code of Civil Procedure. Revenue Recovery proceedings are staring at her. In the circumstances, I.A. No.1/2023 in the unnumbered O.S. will stand allowed. The learned Munsiff will proceed with the suit, in accordance with law.
The Original Petition is disposed of, as above.
