The Court dismissed a writ petition challenging revenue recovery proceedings initiated after the cancellation of a criminal bond. It held that current proceedings are valid as no appeal has been filed yet, preserving the petitioner's right to seek statutory remedy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
WEDNESDAY, THE 17TH JANUARY 2007 / 27TH PAUSHA 1928
WP(C).No. 1527 OF 2007(F)
PETITIONER:
T.V. BABU, AGED 55 YEARS, S/O. VARGHESE, MECHANIC, K.S.R.T.C. WORKSHOP, KOTHAMANGALAM.
BY ADV. SRI.N.K.MOHANLAL
RESPONDENTS:
TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR.
GOVT. PLEADER SRI. M.A. FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMAN, J.
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W.P.(C) NO. 1527 OF 2007 ===================
DATED THIS, THE 17TH DAY OF JANUARY, 2007
J U D G M E N T
Challenge is against the revenue recovery proceedings initiated against the petitioner pursuant to the cancellation of the bond given in a criminal proceedings in which he stood as a surety. As against the said order, petitioner submits that he has got a right of appeal. But he has not chosen to file any appeal yet. As of now, it cannot be said that the recovery proceedings initiated pursuant to the order in force is in any way faulty. In the circumstances, the writ petition is dismissed.
However, this will not stand in the way of the petitioner seeking statutory remedy of filing an appeal against the order canceling the bond and seeking any interim relief therein.
P.R. RAMAN, JUDGE.
knc/-
2 issues framed by the court
Whether revenue recovery proceedings initiated after bond cancellation are faulty since the petitioner has not yet filed an appeal.
Whether the petitioner can be denied interim relief while preserving the right to seek statutory appeal.
T.V. Babu
District Collector, Ernakulam
Deputy Tahsildar (R.R)
Village Officer, Irapuram
Govt. Pleader M.A. Fayaz
P.R. Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
