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Joseph Mathew vs State Of Kerala

High Court Of Kerala|27 November, 2014
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JUDGMENT / ORDER

K.T.Sankaran, J.
The suit filed by the appellant as O.S.No.103 of 2011, on the file of the court of the Subordinate Judge of Thiruvalla, against the respondents for permanent prohibitory injunction restraining the defendants from initiating revenue recovery proceedings against the appellant on the basis of the order in L.C.4/2008 dated 26.5.2011 issued to the Additional Tahsildar, Thiruvalla, was dismissed by the court below holding that the suit is not maintainable in view of Section 72 of the Kerala Revenue Recovery Act and the bar contained under the Land Conservancy Act.
R.F.A.No.756/2014 2 After having heard the learned counsel for the appellant in detail, we were not inclined to admit the appeal. When we were about to dictate the judgment after expressing the view that the appeal was liable to be dismissed, the learned counsel for the appellant sought permission to withdraw the appeal with liberty to the appellant to seek appropriate alternative remedies. Permission sought for by the appellant is granted. The Regular First Appeal is dismissed with liberty to the appellant to move the appropriate forum in accordance with law.
K.T.SANKARAN JUDGE csl P.D.RAJAN JUDGE
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Title

Joseph Mathew vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
27 November, 2014
Judges
  • K T Sankaran
  • P D Rajan
Advocates
  • A Jayasankar Sri
  • Sri Manu Govind