IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29078 of 2007(J)
1. C.S.JAYADAS, AGED 34 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DEPUTY TAHSILDAR (RR),
3. THE VILLAGE OFFICER, AVANOOR VILLAGE
4. THE COMMERCIAL TAX OFFICER,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/10/2007
O R D E R
M.N.Krishnan, J.
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W.P(C).No.29078 of 2007
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Dated this the 1st day of October, 2007.
JUDGMENT
This Writ Petition is filed seeking to set aside Ext.P4 order
whereby the court refused to grant permission to move the suit
without compliance of notice under Section 80(1) of C.P.C. At
the outset I may make it clear that I am not entering the merits
or demerits of the case. The court below mainly refused
permission on the ground that the revenue recovery notice was
received by the plaintiff on 23.7.2007. A perusal of the plaint
averments in paragraph 3 would reveal that the demand notice,
according to the plaintiff, was served on the plaintiff only on
19.9.2007. The relief sought for in the plaint is with respect to a
decree for permanent prohibitory injunction restraining the
defendants from taking any action against the plaintiff in
pursuance of the revenue recovery proceedings. The reliefs
sought for is of an emergent nature and I find that circumstances
WP(C) 29078/078 -: 2 :-
exist to grant permission to the plaintiff to move the court
without notice under Section 80(1) of C.P.C. Section 80(2) of
C.P.C. also safeguards that as far as interim orders are
concerned, it shall be only given after hearing the concerned
Government Pleader.
2. Therefore, the order under challenge is set aside. Leave
is granted under Section 80(2) of C.P.C. to file the case and the
learned Subordinate Judge is directed to proceed further in
accordance with law.
Writ Petition is disposed of accordingly.
M.N.Krishnan,
Judge.
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