IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 OP(C).No. 3829 of 2011(O) --------------------------------------- (O.S.NO.474/2008 OF ADDITIONAL MUNSIFF'S COURT, ALAPPUZHA) ................ PETITIONER(S): -------------------------- YOUSUFF, AGED 49 YEARS, S/O.IBRAUMKUTTY, KUTTIYIL, KIZHAKKETHIL, KRISHNAPURAM PO, ALAPPUZHA. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA - 688 001. 2. THE SPECIAL TAHSILDAR (RR), KARTHIKAPPALLY, ALAPPUZHA, PIN - 688 001. 3. THE VILLAGE OFFICER, KRISHNAPURAM, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 533, 4. THE PROJECT OFFICER, DISTRICT KHADI VILLAGE OFFICE, ALAPPUZHA - 688 001. 5. KERALA KHADI VILLAGE INDUSTRIES BOARAD, TRIVANDRUM, REPRESENTED BY ITS SECRETARY, PIN - 695 001. R5 BY ADV. SRI. K.P.HARISH, SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3829/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT IN WP(C) 28063/2005OF THIS HON'BLE COURT. P2: COPY OF O.S.474/2008 OF HON'BLE MUNSIFF'S COURT, ALAPPUZHA. P3: COPY OF ORDER RETURNING THE PLAINT. P4: COPY OF NOTICE DTD. 19/10/2011. P5: COPY OF PETITION UNDER RULE 7 10A (2) CPC FOR RETURN THE PLAINT WITH A DATE FOR APPEARANCE BEFORE HON'BLE SUB COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3829 of 2011 --------------------------------------- Dated this 24th day of November, 2011 JUDGMENT Learned Government Pleader takes notice for respondents 1 to 3. Notice to respondents 4 and 5 is dispensed with in view of the decision I propose to take. 2. Petitioner is the President of a registered society which availed a loan of `.2,59,000/- for establishing a small scale industry. Since the amount was not repaid, 5th respondent requested the authorities to recover the amount with interest under the provisions of the Revenue Recovery Act (for short, "the Act”). Following that, notice was issued to the petitioner under Secs.7 and 34 of the Act for recovery of `.5,43,171/-. Challenging the notices petitioner approached this Court with W.P(C). No.28063 of 2005 contending that the amount sought to be recovered is barred by limitation and hence recovery proceedings cannot be sustained. This Court disposed of the writ petition relegating petitioner to the remedy before Civil Court. Thereon petitioner filed O.S.474 of 2008 before learned Additional Munsiff, Alappuzha seeking injunction. Learned counsel submits that learned Munsiff found that having regard to the valuation of O.P(C).No.3829 of 2011 -: 2 :- the suit, learned Munsiff has no jurisdiction to entertain it and accordingly ordered the plaint to be returned for presentation before proper Court. Thereon petitioner filed Ext.P5, application under Order VII, Rule 10A(2) of the Code of Civil Procedure to fix the date for presentation of plaint in the proper court. I am told that Ext.P5, application comes up for hearing before learned Munsiff on 26.11.2011. 3. In the meantime, recovery officials have arranged for sale of property of the society on 25.11.2011. In this original petition, it is prayed that Ext.P4, sale notice may be quashed and a direction may be issued to the learned Munsiff, Alappuzha to dispose of Ext.P5, application as early as possible. 4. I have heard learned Government Pleader appearing for respondents 1 to 3 as well. 5. Since the question whether liability of petitioner stands barred by limitation is a matter required to be decided in the civil court, it is not necessary for me to go into the said question. 6. Now I am concerned with the question whether Ext.P4, sale notice should be quashed. Having regard to the contentions raised by petitioner, I am inclined to think that O.P(C).No.3829 of 2011 -: 3 :- respondents 1 to 3 could be directed to postpone the sale to a day after one month from this day subject to the condition that subject to the result of the suit, petitioner would deposit `.2,00,000/- with the Recovery Officer who has issued Ext.P4, notice within two weeks from this day. Resultantly this original petition is disposed of as follows: (i) It is directed that the sale scheduled to be held on 25.11.2011 pursuant to Ext.P4, sale notice will stand adjourned to a day after one month from 25.11.2011 subject to the condition that (subject to the result of the suit) petitioner deposited with the recovery officer `.2,00,000/- (Rupees Two Lakhs Only) within two (2) weeks from this day. (ii) If the above condition is not complied, it will be open to the Recovery Officer to proceed with sale of the property of course, which shall be subject to the result of the suit. (iii) Learned Additional Munsiff, Alappuzha is directed to dispose of Ext.P5, application as provided under law, as early as possible. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-