IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 20721 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. K.RAJAMMA, W/O.KUMARAN, AGED 58 YEARS,KOCHUVELIYIL HOUSE, PONNUMUNDU, BALAL VILLAGE, HOSDURG TALUK, KASARGODE DIST. 2. K.K. SHAILA, W/O. MOHANAN, AGED 45 YEARS, CHORIKAVIL HOUSE, BALAL VILLAGE, HOSDURG TALUK, KASARGOD DIST. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR, HOSDURG TALUK, KASARGODE DIST. 2. THE TAHSILDAR, HOSDURG TALUK, KASARGOD DIST. 3. C.K. MOHANAN, S/O.KESHAVAN, BALAL P.O., BALAL AMSOM, HOSDURG TALUK, KASARGODE DIST. 4. THE TODDY WORKERS WELFARE FUND INSPECTOR , HOSDURG TALUK, KASSARGOD. ADV. SRI.KOSHY GEORGE FOR R4 GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM,J ---------------------- W.P.(c) No.20721 of 2009 ---------------------------------------- Dated this the 17th day of September 2009 J U D G M E N T The challenge in this writ petition is against Ext.P1 proceedings of the 1st respondent whereby the sale of an immovable property effected by an alleged defaulter in favour of the petitioners is set aside, holding that the transaction occurred subsequent to initiation of revenue recovery proceedings against the defaulter. It is noticed that against Ext.P1 proceedings, the petitioners have got an effective statutory remedy by way of revision, as provided under Section 83 of the Kerala Revenue Recovery Act. Under such circumstances, it is not proper for this court to venture adjudication on the correctness of Ext.P1, which may require decision on disputed questions of facts. Hence I am of the opinion that the petitioner should be relegated to resort to the statutory remedy available. 2. In case the petitioner files a revision petition before the appropriate authority under Section 83 of the Kerala Revenue Recovery Act, within a period of two weeks from today, the said authority shall consider and dispose of the same as early W.P.(c) No.20721/09 2 as possible, after affording an opportunity of hearing the petitioners, at any rate, within a period of two months from the date of receipt of such revision petition. In order to facilitate the petitioners to approach the revisional authority, the respondents are directed to keep in abeyance further proceedings pursuant to Ext.P1 order for a period of two months from today. (C.K.ABDUL REHIM, JUDGE) jsr