IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 32989 of 2009(P) -------------------------------- PETITIONER: -------------- MEYAMMA JOSE, THEKKANATTU HOUSE KIDANGOOR POST, KOTTAYAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI SRI.JOSEPH T.JOHN RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR KOTTAYAM. 3. THE TAHSILDAR (RR) REVENUE RECOVERY OFFICE, PALA. 4. PHILIP JOSE, VADAKKE ADABAN MATTATHIL KIDANGOOR POST. 5. THE SECRETARY TODDY WORKERS WELFARE FUND BOARD KESASVADASAPURAM, THIRUVANANTHAPURAM. ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE FOR R5) GOVERNMENT PLEADER MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. --------------------------------------------------- W.P.(C) No. 32989 OF 2009 ---------------------------------------------------- Dated this the 18th day of November, 2009 JUDGMENT 1. Challenge in this writ petition is against Ext.P6 proceedings of the third respondent issued under Section 44 of the Kerala Revenue Recovery Act. The petitioner has got an effective remedy available under the statute to approach the revisional authority under Section 83 of the said Act. Therefore I am not inclined to entertain this writ petition which is filed under Article 226 of the Constitution of India. 2. However, learned counsel for the petitioner prays that, considering the fact that the petitioner had approached this Court, there may be a direction to the revisional authority to entertain the revision petition which will be filed within a short period, on merits, considering the same as one filed within the time stipulated. W.P.(C).NO.32989/2009 2 3. Accordingly, the writ petition is dismissed without prejudice to rights of the petitioner to challenge Ext.P6 order, in revision as provided under Section 83 of Kerala Revenue Recovery Act. It is made clear that if the petitioner files any revision petition within a period of one month from today, the revisional authority concerned shall treat the same as a revision petition filed within time and shall proceed to disposed of the same on merits. C.K.ABDUL REHIM, JUDGE SS/