IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16569 of 2009(M) -------------------------- PETITIONER: --------------- MUHAMMED BASHEER, PUTHENVILA VEED, MUTTAKKAVU, NEDUMPANA P.O, KOLLAM DISTRICT. BY ADV. MR. S.M.ALTHAF RESPONDENTS: --------------- 1. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM 33 2. THE DISTRICT COLLECTOR, KOLLAM 3. THE REVENUE DIVISIONAL OFFICE, KOLLAM 4. THE TAHSILDAR, REVENU RECOVERY, KOLLAM 5. G. VISWANATHAN, VISWANATH CASHEW, KILIKOLLUR KOLLAM 6. KARUNAKARAN, KOOTHATHEGUVEED, MUTTAKKAVU, NEDUMPANA P.O, KOLLAM DISTRICT. R1 TO R4 BY GOVERNMENT MR. P. K. BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 16569 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 23rd day of June, 2009 JUDGMENT Challenging the irregularities in the sale conducted by the Revenue Authorities, the petitioner had filed a petition to set aside the sale, before the second respondent under Section 53 of the Kerala Revenue Recovery Act, as borne by Ext.P1. After considering the merits, interference was declined by the second respondent as per Ext.P2 order, which in turn was subjected to challenge by filing the revision petition under Section 83 (1) of the Kerala Revenue Recovery Act before the first respondent/Commissioner of Land Revenue. The grievance of the petitioner is that, the actual facts and figures have not been properly appreciated by the first respondent as well, which led to Ext.P5 order passed by the first respondent, rejecting the revision petition. The petitioner is before this Court challenging the impugned orders as above. 2. Heard the learned Government Pleader as well. 3. It appears that the petitioner has not fully exhausted the statutory remedy available to him, particularly since second revision is provided before the Government, under Sub section 2 of Section 83 of the Kerala Revenue Recovery Act, if aggrieved by the order passed by the Commissioner for Land Revenue under Section 83 (1) of the Kerala WP (C) No. 16569 of 2009 : 2 : Revenue Recovery Act. 4. In the above circumstances, the petitioner is directed to approach the Government of Kerala, if so advised, by filing necessary revision under Section 83 (2) of the Act for redressal of his grievance. So as to enable the petitioner to pursue the remedy as above, it is hereby ordered that the 'status quo' as on date shall be maintained for a period of one month. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd