IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 19772 of 2007(D) -------------------------- PETITIONER: ------------ JOHNKUTTY, AGED 58, S/O.DANIEL, M/S.PLAZA INTERNATIONAL HOTEL, VRINDAVANAM, ELAMPAL, VILAKUDY, KOLLAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. DEPUTY TAHSILDAR (RR), K.F.C., KOLLAM. 4. VILLAGE OFFICER, VILAKUDY VILLAGE. ADDL.R5 5. KERALA FINANCIAL CORPORATION, BRANCH OFFICE, KOLLAM (Impleaded as per order dated 20.7.07) BY ADV. SRI.A.A.ABUL HASSAN, SC, KFC GOVERNMENT PLEADER SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19772 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE PHOTOCOPY OF THE NOTICE DATED 7.2.07 IN MALAYALA MANORAMA DAILY DATED 9.2.07 EXT.P2- TRUE PHOTOCOPY OF THE NOTICE DATED 21.12.06 SERVED ON 6.6.07 EXT.P3- TRUE PHOTOCOPY OF THE PETITION DATED 7.6.07 SUBMITTED BEFORE THE THIRD RESPONDENT EXT.P4- TRUE PHOTOCOPY OF THE APPEAL UNDER SECTION 72 BEFORE THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C). 19772/2007 -------------------- Dated this the 8th day of January, 2008 JUDGMENT Petitioner, who is the defaulter in relation to Kerala Financial Corporation to the tune of more than Rs. Two crores (as contended by the learned counsel for the Financial Corporation), challenges Ext.P2 revenue recovery notice, issued under Section 7 of the Revenue Recovery Act. He has pointed out certain alleged defects in Ext.P2, in Ext.P4 submitted before the District Collector. I am of the view that the District Collector is the authority who is competent to consider these aspects. 2. Accordingly, writ petition is disposed of directing the second respondent to consider Ext.P4 and pass appropriate orders thereon, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment. Second respondent shall issue notice to the fifth respondent also before a decision is taken thereon. V.GIRI, Judge mrcs 2