K T Seenath v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 35360 of 2015 (T) ---------------------------- PETITIONER(S):
-------------------------- K T SEENATH AGED 51 YEARS W/O.LATE C.D.GOPI, SWARAJ BHAVAN KADAKKARAPALLY VILLAGE, THAIKKAL.P.O., CHERTHALA ALAPPUZHA.
BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA SRI.T.KABIL CHANDRAN SMT.B.T.PRASANNA SMT.K.U.HASEENA SRI.KRISHOB K.NAIR RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2. LAND REVENUE COMMISSIONER UCM JUNCTION, TRIVANDRUM - 695 001
3. DISTRICT COLLECTOR ALAPPUZHA - 688 001
4. THE DEPUTY TAHASILDAR REVENUE RECOVERY(R.R), KSFE, COURT ROAD ALAPPUZHA - 688 001
5. THE MANAGER KSFE, CHERTHALA BRANCH, ALAPPUZHA - 688 001
6. SRI.MARTIN PETER, AGED 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER THANIKAL HOUSE, ANDHAKARANAZHIL, CHERTHALA ALAPPUZHA DISTRICT-688 531.
R5 BY ADV. SRI.A.M.ANTONY, SC, KERALA STATE FINANCIAL ENTERPRISES R5 BY SRI.ALEXANDER.C.V., SC, KERALA STATE FINANCIAL ENTERPRISES R1-R4 BY SMT.LILLY K.T., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35360 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1COPY OF THE NOTICE ALLEGEDLY PUBLISHED PRIOR TO THE AUCTION. P2COPY OF THE LETTER.
P3COPY OF THE REVISION PETITION.
P4COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 20.6.2015. RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// PA TO JUDGE JV
A.K.JAYASANKARAN NAMBIAR, J.
---------------------------------------------- W.P.(C).No.35360 of 2015 ---------------------------------------------- Dated this the 23rd day of November, 2015
JUDGMENT
In the writ petition, the petitioner challenges Ext.P4 order passed by the 2nd respondent in a revision petition preferred by the petitioner against an order of the 4th respondent under the Kerala Revenue Recovery Act, hereinafter referred to as 'the RR Act'.
2.
Although various contentions are raised in the writ petition against Ext.P4 order, I find that, in terms of Section 83
(2) of the RR Act, the petitioner has an effective alternate remedy of preferring a revision before the State Government. Accordingly, I see no reason to interfere with Ext.P4 order at this stage in these proceedings under Article 226 of the Constitution of India. Thus, relegating the petitioner to the alternate remedy of preferring a further revision under Section 83(2) of RR Act, before the State Government, I dismiss the writ petition,
W.P.(C) No. 35360/2015 in its challenge against Ext.P4 order. In order to enable the petitioner to pursue the alternate remedy before the State Government, I direct that recovery steps for recovery pursuant to Ext.P4 order of the 2nd respondent shall be kept in abeyance for a period of three weeks from the date of receipt of a copy of this judgment.
SD/- A.K.JAYASANKARAN NAMBIAR JV JUDGE