High Court Kerala High Court

Deputy General Manager vs Omana.R. on 14 July, 2008

Kerala High Court
Deputy General Manager vs Omana.R. on 14 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20946 of 2008(R)


1. DEPUTY GENERAL MANAGER, BSNL, TELEPHONE
                      ...  Petitioner

                        Vs



1. OMANA.R., H.NO.6-104, NEERAHITHALA
                       ...       Respondent

2. DEPUTY TAHASILDAR, NEDUMANGADU TALUK

3. VILLAGE OFFICER, UZHAMALAKKAL VILLAGE

                For Petitioner  :SRI.MATHEWS K.PHILIP,SC, BSNL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :14/07/2008

 O R D E R
                            S.SIRI JAGAN, J
                            ==============
                    W.P.(C).No. 20946 OF 2008
                        ====================
                Dated this the 14th day of July, 2008.

                            J U D G M E N T

The 1st respondent has filed a petition before the Permanent Lok

Adalath, Thiruvananthapuram, challenging proceedings under the

Revenue Recovery Act, for recovery of the telephone charges as per

bills issued by the petitioner. In that petition, the Permanent Lok

Adalath has passed Ext.P8 order wherein a preliminary objection raised

by the petitioner regarding jurisdiction of the Permanent Lok Adalath

has been postponed to be considered along with the O.P. itself.

According to the petitioner, the question of jurisdiction should have

been considered as a preliminary point instead of postponing it to be

considered along with the O.P. I am of opinion that in such matters,

the Permanent Lok Adalath should not pass piecemeal orders and all

issues shall be considered together. Therefore, without prejudice to

the right of the petitioner to raise all his contentions in the O.P. itself,

while the same is heard, this writ petition is dismissed.

S.SIRI JAGAN, JUDGE

bkn/-