IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6438 of 2008(N) ------------------------------------- OS.397/2004 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER: ------------------ K.P.SURESH KUMAR, AGED 42 YEARS, S/O.PANKAJAKSHAN NAIR, AYODHYA, PERUMPETTY P.O., PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE MANAGER, STATE BANK OF TRAVANCORE, VALAKUZHI P.O., EZHUMATTOOR, PATHANAMTHITTA DISTRICT. 3. THE DY.TAHSILDAR (RR), MALLAPALLY, PATHANAMTHITTA. 4. THE VILLAGE OFFICER, PERUMPETTY VILLAGE, PATHANAMTHITTA DIST. BY SC. SBT. BY ADV. SRI.R.S.KALKURA BY GOVERNMENT PLEADER SMT.R.BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6438 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred with a prayer to the Munsiff, Thiruvalla to dispose of O.S.No.397/2004 and Ext.P2(a) within a time limit and for an injunction against the respondent from proceeding against the petitioner in furtherance of the revenue recovery action initiated. The bank is also represented by learned counsel. It is submitted by the learned counsel for the bank that this is only a protraction practice and when he moved under Article 226 of the Constitution of India, the prayer was disallowed by the court stating that he will not be entitled to pursue his remedy therein. Whatever it may be, a suit is filed in 2004 along with the same I.A.No.1835/2004 is filed for injunction. The entitlement of the party to get an injunction or not is a matter that can be considered in that petition. 2. Therefore, I direct the learned Munsiff, Thiruvalla to consider and dispose of I.A.No.1835/2004 in O.S.No.397/2004, within a period of two weeks from the date of receipt of a copy of this order and further direct the authority not to proceed with W.P.(C) No.6438/2008 2 the revenue recovery proceedings, till a decision is taken in I.A.No.1835/2004. 3. The writ petition is disposed of, accordingly. The registry shall send a copy of the order to the Munsiff, as expeditiously as possible. (M.N.KRISHNAN, JUDGE) ps