IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29665 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------- ROYMON THOMAS, S/O.KURIAN THOMAS, ROSIN VILLA, KALAYAPURAM P.O., KOTTARAKKARA, PIN - 691 560. BY ADVS. SRI.ALEX N.MATHEW (KOLLAM), SRI.H.RAMANAN, SRI.JAMES JOSE. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. STATE OF KERALA, REP. BY SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 3. G.SOMAN, ROHINI, PALLICKAL, MYLAM VILLAGE, KOTTARAKKARA, PIN - 691 506. 4. K.M.ABRAHAM, KOIKKALAZHIKATHU HOUSE, KOIKKAL CHERI, WEST KALLADA P.O., KOLLAM DISTRICT, PIN - 691 500. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C. K. ABDUL REHIM, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 29665 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 27th day of September, 2010 JUDGMENT The petitioner claims to be a bona fide purchaser of certain immovable property from the 3rd respondent. He along with the 4th respondent purchased the property by virtue of Ext.P1 sale deed. But the authorities have refused to effect mutation in the revenue records, on the allegation that revenue recovery proceedings is pending against the 3rd respondent. It is learnt that 4 items of immovable properties, including the property covered under Ext.P1, were attached in the revenue recovery proceedings which was initiated for realizing amounts in default due from the 3rd respondent to the Toddy Workers' Welfare Fund and also for realizing electricity charges due. 2. According to the petitioner, apart from the two items covered under Ext.P1, two other items, which are under attachment, are still in the ownership and possession of the 3rd respondent. Contention of the petitioner is that the property covered under Ext.P1 is not liable to be W.P.(C) No. 29665/2010 2 proceeded with for realizing the amounts due from the 3rd respondent. It is also contended that if any effective steps for proceeding with sale of the remaining two items are pursued, the entire arrears will be realized. 3. The question whether property covered under Ext.P1 is liable to be proceeded against under the revenue recovery proceedings in question, is a matter which has to be decided by the authority concerned. Under the provisions of the Kerala Revenue Recovery Act, the petitioner has got an effective remedy to file a claim petition seeking release of the property under attachment. The question whether the transfer was effected after the arrears became due or not is a matter which need be decided by such authority. Therefore I am of the opinion that the petitioner can be relegated to the authority concerned. 4. If the petitioner makes a claim before the Deputy Tahsildar (Revenue Recovery), Kottarakkara under section 46 of the Kerala Revenue Recovery Act seeking release of W.P.(C) No. 29665/2010 3 the property covered under Ext.P1 , within a period of one month from today, that authority should consider the same and take appropriate decision thereon, after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of one month from the date of receipt of such petition. Till such time orders are passed as directed above, proceedings for sale of properties covered under Ext.P1 shall be kept in abeyance. 5. It is further directed that the revenue recovery authority shall proceed at the first instance with sale of other two items which are not covered under Ext.P1, if it is found that those items of properties are still in the possession and ownership of the 3rd respondent. Only if the amount is not fully realized by sale of such property, the property covered under Ext.P1 shall be proceeded against, even if it is found that the said property is liable to be proceeded against for realizing the arrears. C. K. ABDUL REHIM, JUDGE. mn.