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J.RADHAKRISHNA NAIK versus THE TAHASILDAR, CHERTHALA

High Court of Kerala

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J.RADHAKRISHNA NAIK v. THE TAHASILDAR, CHERTHALA - WP(C) No. 41094 of 2003(P) [2006] RD-KL 3790 (19 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 41094 of 2003(P)

1. J.RADHAKRISHNA NAIK,
... Petitioner

Vs

1. THE TAHASILDAR, CHERTHALA.
... Respondent

2. THE VILLAGE OFFICER,

3. DEPUTY DIRECTOR OF EDUCATION,

For Petitioner :SRI.R.LAKSHMI NARAYAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :19/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 41094 OF 2003

Dated this the 19th day of December, 2006



J U D G M E N T

Petitioner is essentially aggrieved by Ext.P2 recovery proceedings. It is seen that the proceedings were initiated pursuant to Ext.P3 judgment. Unless Ext.P3 is avoided in any known proceedings under law, the petitioner cannot successfully challenge the recovery. Therefore the writ petition is dismissed without prejudice to the liberty to the petitioner to challenge the grievance on Ext.P3 in appropriate proceedings. However, it is made clear that in case the petitioner has any dispute regarding the quantification, it will be open to him to point out the same before the DEO in which case on verification of records, appropriate action in accordance with law in the matter will be taken by the DEO. In order to enable the petitioner to work out the relief as above, the interim order passed by this court will continue for another four months.

KURIAN JOSEPH, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

19th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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