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M.R. MANOJ, AGED 31 YEARS versus DEPUTY TAHSILDAR (RR)

High Court of Kerala

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M.R. MANOJ, AGED 31 YEARS v. DEPUTY TAHSILDAR (RR) - FAO No. 11 of 2007 [2007] RD-KL 582 (9 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 11 of 2007()

1. M.R. MANOJ, AGED 31 YEARS,
... Petitioner

2. KANAKAM, AGED 53 YEARS,

3. KERALA KHADI & VILLAGE INDUSTRIES

Vs

1. DEPUTY TAHSILDAR (RR)
... Respondent

For Petitioner :SRI.H.B.SHENOY

For Respondent : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice A.K.BASHEER

Dated :09/01/2007

O R D E R

KURIAN JOSEPH & A.K.BASHEER,JJ.

F.A.O.No.11 of 2007

Dated this the 9th day of January, 2007



JUDGMENT

Kurian Joseph,J.

This appeal is against the order dated 15-11-2006 in I.A.No.1574/2006 in O.S.No.218/2006 on the file of the Principal Subordinate Judge's Court, North Paravur. Appellants are the petitioners/plaintiffs. They filed the interlocutory application restraining the respondents from initiating revenue recovery proceedings based on the demand notice dated 10-4-2006. Admittedly amounts are due to the Kerala Khadi and Village Industries Board, Trivandrum and at their instance only steps were taken for revenue recovery. They are not parties in the interlocutory application. Without hearing them no effective order could have been passed. Therefore, we dismiss I.A.No.1574/2006 in O.S.No.218/2006 on the file of the Principal Subordinate Judge's Court, North Paravur on the only ground of non- FAO NO.11/2007 impleadment of the affected party. It is made clear that this judgment shall not stand in the way of the appellants moving a fresh petition before the court below after impleading the affected party on the party array in the interlocutory application.

(KURIAN JOSEPH, JUDGE)

(A.K.BASHEER, JUDGE)

ahg. KURIAN JOSEPH &

A.K.BASHEER, JJ.

F.A.O.NO.11/2007

JUDGMENT

9th January, 2007


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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