IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 FAO.No. 194 of 2008() --------------------- AGAINST THE ORDER DATED 30/06/2008 IN IA 608/08 IN OS.127/2008 of SUB COURT,KOTTARAKKARA .................... APPELLANT/PLAINTIFF: ----------------------------- N.RAVEENDRAN PILLAI S/O.LATE NARAYANAN PILLAI PARAVILE PUTHEN VEEDU, ANNOOR, AMBALATHUMKALA, KOTTARAKKARA, KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENTS/DEFENDANTS: --------------- 1. THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM 2. THE PROJECT OFFICER, DISTRICT RURAL AGENCY, K.S.F.E BUILDING, CHINNAKKADA, KOLLAM 3. THE BLOCK DEVELOPMENT OFFICER KOTTAAKKARA, E.T.C.PO, KOLLAM 4. THE TAHSIDLAR (RR) TALUK OFFICE, KOTTARAKKARA KOLLAM 5. THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE KOTTARAKKARA, KOLLAM. GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- F.A.O. No.194 of 2008 ---------------------------------------------- Dated 27th January, 2009. J U D G M E N T Kurian Joseph, J. Appellant/plaintiff is aggrieved by the order dated 30.6.2008 in I.A.608/2008 in O.S.127/2008 on the file of the Sub Court, Kottarakkara. The plaintiff moved the civil court challenging the revenue recovery proceedings initiated against him for recovery of certain amounts allegedly due from him. The court below has taken the prima facie view that the suit itself is not maintainable and hence recovery cannot be held up. Aggrieved by the order, the plaintiff has come up in appeal. 2. When the appeal was admitted, this court granted an interim order on 7.8.2008 and the same is being extended from time to time. After having heard the learned Government Pleader, it is fairly clear that the matter will have to be considered by the trial court itself. Since the maintainability question is the first hurdle, the trial court can decide that question as the preliminary one. Therefore, we set aside the order under appeal. There will be a direction to the Sub Court, Kottarakkara to decide the maintainability of the suit as the preliminary issue. In FAO NO.194/08 2 deciding the issue as above, the judgment of this court in W.P.(C) No.2399/08 will also be taken into consideration. Till orders are passed as above, there shall be no recovery in respect of the plaint claim. It is also made clear that the decision as above will be taken untrammelled by the observations and findings in the impugned order. I.A.No.3154/08 : Dismissed. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- F.A.O. No.194 of 2008 ---------------------------------------------- J U D G M E N T Dated 27th January, 2009.