NIROOP SOMAN Vs. KERALA STATE COIR CORPORATION LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE COIR CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India are as follows:

(2.) Heard Sri.B.Pramod, learned Advocate appearing for the petitioner/plaintiff and Sri.B.S.Syamanthak, learned Advocate appearing for the 1st respondent and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 2 to 4.

(3.) The petitioner is the plaintiff in O.S. No.514/2017 filed before the Additional Munsiff's Court, Cherthala in which respondents herein are arrayed as defendants and the prayers in the Suit are for settlement of account with the first respondent Corporation and for injunction against coercive steps under the Revenue Recovery Act for realisation of the amount allegedly due to the first respondent. Along with the suit, the petitioner has also moved Ext.P7 application seeking injunction against the coercive steps initiated under the Revenue Recovery Act. The respondents entered appearance in the suit as well as in the I.A., but they have filed written statement or counter affidavit to the I.A. The court below, as per the impugned Ext.P8 order, has dismissed the I.A. on the ground that the court has no jurisdiction to order injunction restraining the defendants from initiating Revenue Recovery proceedings in view of the statutory bar endrafted under the Revenue Recovery Act, 1968. The impugned Ext.P8 order reads as follows :