IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28737 of 2008(U) -------------------------- PETITIONER(S): -------------------- N.A.RIYAS, S/O. N.A.ABOOBACKER, NAMBOORI MADAM, AZHIKODE JETTY P.O., KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY HIS AGENT N.A. ABOOBACKER, AGED 63, RESIDING AT NAMBOORI MADAM, AZHIKODE JETTY P.O., KODUNGALLUR, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): ---------------------- 1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, VELLAYAMBALAM, THIRUVNANTHAPURAM 2. THE COMMISSIONER OF LAND REVENUE, OFFICE OF THE LAND REVENUE COMMISSIONER, NEAR MUSEUM, THIRUVANANTHAPURAM. 3. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION, K.K.M.M. COMPLEX, KOTTAKALAI, THRISSUR- 680021. 4. THE DISTRICT COLLECTOR, THRISSUR DISTRICT, COLLECTORATE, THRISSUR. 5. DEPUTY TAHSILDAR (R.R) AUTHORIZED OFFICER, KERALA FINANCIAL CORPORATION, K.M.M.COMPLEX, KOKKALAI, THRISSUR - 21. 6. VILLAGE OFFICER, AZHIKODE VILLAGE, KODUNGALLUR. BY SC FOR KFC ADV. SRI. SRI.M.M. SYED MUHAMMED. BY GOVT. PLEADER SRI. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.28737 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT I heard learned counsel for the petitioner, learned counsel for the Kerala Financial Corporation and the learned Government Pleader. 2. Petitioner, who is a defaulter on account of a loan taken from the Kerala Financial Corporation has approached the Commissioner for Land Revenue by way of a revision under Section 83. According to him, there is a stay and pending stay recovery steps are taken. Learned counsel for the Kerala Financial Corporation on the other hand submits that the revision itself has been disposed of on 3.9.2008. Learned counsel for the petitioner submits that the petitioner will approach the Government by way of further revision under Section 83 and proceedings may be kept in abeyance. 3. I feel that proceedings can be ordered to be kept in abeyance on the imposition of some condition. Accordingly, the writ petition is disposed of as follows: Further recovery proceedings will be kept in abeyance on condition that the petitioner remits a sum of Rs.Seven Lakhs with the third respondent, which will be kept in a non-lien account, within a period of ten WPC.28737/2008. 2 days from today and he files a revision under Section 83 before the Government within a period of ten days from today. Upon such revision being filed, there will be a further direction that the Government will consider the revision with opportunity of hearing to the parties and take a decision thereon within a period of two months from the date on which the revision is filed. Recovery proceedings will be kept in abeyance as aforesaid till the disposal of the revision. (K.M. JOSEPH, JUDGE) sb