IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9998 of 2010(Y)
1. DORAISWAMY, S/O.MUTHUSWAMY,
... Petitioner
Vs
1. JAYARAMAN.C., UNION BANK OF INDIA,
... Respondent
2. THE KERALA STATE CONSUMER DISPUTES
3. THE TAHSILDAR (REVENUE RECOVERY),
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/03/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C).No. 9998 of 2010
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Dated this the 24th day of March, 2010
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J U D G M E N T
The petitioner is aggrieved of the coercive steps taken
against him under the Revenue Recovery Act, as borne by
Ext.P6 demand notice, issued by the 3rd respondent, for
realisation of the amount stated as due to the 1st respondent
under Ext.P1.
2. Heard the learned Government Pleader appearing for
the 3rd respondent as well. Considering the limited nature of
the relief prayed for and proposed to be given, this Court
does not find it necessary to issue notice to the 3rd respondent,
for the time being.
3. The learned counsel for the petitioner submits that,
being aggrieved of Ext.P1 order passed by the Consumer
Disputes Redressal Forum, Palakkad, in C.C.No.16/2008, the
petitioner has already preferred the statutory appeal before
the 2nd respondent as borne by Ext.P2, along with Ext.P5
W.P.(C).No. 9998 of 2010
2
petition for stay. Eventhough, the appeal has been admitted
after elaborate hearing, no orders have been passed in the
I.A. for stay and without any regard to the pendency of the
above proceedings, Ext.P6 demand notice has been issued,
which is sought to be intercepted in this Writ Petition.
4. After considering the facts and circumstances, the 2nd
respondent is directed to consider and pass appropriate
orders on Ext.P5 petition for stay, in accordance with law,
after giving an opportunity of being heard to the petitioner as
well as the 1st respondent, as expeditiously as possible, at any
rate within 3 months from the date of receipt of a copy of this
Judgment. It is made clear that, till such orders are passed,
all further proceedings pursuant to Ext.P6 shall be kept in
abeyance.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON
JUDGE
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