Kerala High Court
V.Surendra Babu vs The Commercial Tax Officer on 11 November, 2008
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
WP(C).No. 4617 of 2013 (B)
--------------------------------------
PETITIONER:
-------------------
V.SURENDRA BABU,
VALIYAVILA VEEDU, PERUMPUZHA P.O,
KOLLAM DISTRICT-691 504.
BY ADV. SRI.JAIRAM.V.MENON.
RESPONDENTS:
-----------------------
1. THE COMMERCIAL TAX OFFICER,
KUNDARA, KOLLAM DISTRICT - 691 501.
2. THE ADDITIONAL TAHSILDAR,
THALUK OFFICE, KOLLAM - 691 001.
3. THE TAHSILDAR (RR),
TALUK OFFICE, KOLLAM - 691 001.
4. THE VILLAGE OFFICER,
ELAMBALLOOR VILLAGE, KOLLAM DISTRICT - 691 504.
5. THE DISTRICT COLLECTOR
KOLLAM - 691 001.
BY SR. GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-02-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C). NO.4617/2013-B:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1. COPY OF THE LETTER NO.12191631/95-96 TO 2002-03 DATED 11/11/2008
ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P2. COPY OF THE REPRESENTATION DATED 15/5/2008 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P3. COPY OF THE LETTER NO.D8-5869/99/K ETC. DATED 28/8/2009 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P4. COPY OF THE REPRESENTATION DATED 1/6/2010 SUBMITTED BY THE
PETITIONER BEFORE THE HONOURABLE REVENUE MINISTER.
EXHIBIT P5. COPY OF THE NOTICE NO.B16-9735/10, LC62/10 DATED 15/1/2013 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P6. COPY OF THE REPRESENTATION DATED 12/2/2013 SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P7. COPY OF THE NOTICE DATED 12/2/2013 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
ANTONY DOMINIC, J.
================
W.P.(C) NO. 4617 OF 2013
===================
Dated this the 18th day of February, 2013
J U D G M E N T
Petitioner seeks to challenge Ext.P5 notice by which 1st respondent has threatened to evict him from the property mentioned therein. It is seen that challenging the order of the Government declining reconveyance of the property in question, the petitioner has already filed WP(C) No. 30094/09, which is pending consideration of this Court.
2. Therefore, if the petitioner wants his possession to be maintained until that writ petition is heard and decided, the remedy available to the petitioner is to file an IA in the pending writ petition and not to file a separate writ petition itself for that purpose.
Therefore, this writ petition is dismissed, which shall be without prejudice to the right of the petitioner to move an IA in WP(C) No. 30094/09.
ANTONY DOMINIC, JUDGE Rp