IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26396 of 2009(T) -------------------------- PETITIONER(S): --------------- ARAYAKKOOL SHAMSUDDIN, S/O.KHADIR HAJI, VANNATHUMUKANDI, MANATHARA VILLAGE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MR.ARAYAKUL ABDUL NAZER, S/O.KHADIR HAJI, MUZHAMMU AMSOM, AVILON, VILAKOD DESOM. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE TAHSILDAR (REVENUE RECOVERY), THALASSERY. 3. THE REVENUE DIVISIONAL OFFICER, THALASSERY. 4. CHEMBILALI BASHEER, S/O.PALLIKUTTY, SHREEJ MANZIL, PAZHASSI AMSAM, MUTTANUR DASAM. GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.26396 OF 2009 ------------------------------ Dated this the 18th day of September, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against Ext.P1 and P4 orders of the 3rd respondent confirming the sale of immovable property effected under Revenue Recovery proceedings, in favour of the 4th respondent. Property having an extent of 5 cents comprised in R.S.101 of Kolari Amsom Kaloor Desom in Thalassery Taluk, belonging to the petitioner was sold in public auction pursuant to Revenue Recovery steps initiated for realisation of arrears of Building Tax, to the extent of Rs.59,400/-. The sale of the property in favour of 4th respondent was for an amount of Rs.2,05,000/-. According to the petitioner he was employed in Gulf countries and was not having notice or knowledge about the sale proceedings, and he came to know about the recovery steps only after the auction was conducted. Eventhough he had caused a lawyer notice to the 2nd respondent Tahsildar demanding not to confirm the sale, expressing his willingness to pay off the entire arrears, he was informed through Ext.P3 reply under Section 52(1)(b) of the Kerala Revenue Recovery Act, for getting the sale set aside. In the W.P.(C).26396/09 2 meantime the 3rd respondent had confirmed the sale through Ext.P1 and P4 without notice to the petitioner and without his knowledge, is the complaint. According to the petitioner he is ready and willing to pay off the entire arrears and the property which is sold will fetch a market price of Rs.20 lakhs and therefore he is seeking direction to cancel the sale on permitting him to pay off the entire arrears. 2. Having considered contentions of the petitioner, I am of the opinion that the petitioner has to seek appropriate statutory remedy against Ext.P1 and P4, since the sale now stands confirmed. From the impugned orders Ext.P1 and P4, a statutory revision is maintainable as per Section 83 of the Kerala Revenue Recovery Act, 1968 before the Commissioner of Land Revenue. Since there is an effective alternate remedy available the issue cannot be considered in this writ petition, unless he exhaust such remedies. Therefore I am of the opinion that the petitioner can be relegated to resort to such alternate remedy. 3. In the result the writ petition is disposed of directing the petitioner to file revision petition before the Commissioner of Land Revenue, as provided under Section 83 of the Act, against Ext.P1 and P4 orders, within a period of two weeks from today. If any such revision petition is filed, the same shall be considered and disposed of by the Commissioner of Land Revenue, after W.P.(C).26396/09 3 affording an opportunity of hearing to the petitioner as well as to the 4th respondent, at the earliest, at any rate within a period of two months from the date of receipt of such revision petition. The petitioner is also at liberty to seek appropriate interim orders from the Commissioner of Land Revenue for keeping in abeyance further proceedings pursuant to the confirmation of sale. However, in order to facilitate the petitioner to move before the Commissioner of Land Revenue, further proceedings pursuant to Ext.P1 and P4 is directed to be kept in abeyance for a period of two months from today. C.K.ABDUL REHIM, JUDGE. okb