IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8277 of 2008(I) ------------------------------------- PETITIONER: ---------------------- SUNILKUMAR,S/O. RAGHAVAN, MADAMPI PARAMBIL HOUSE, AVINISSERY ,THRISSUR DT BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT: ---------------------- TAHSILDAR (RR) TALUK OFFICE, THRISSUR. BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).8277/2008 -------------------- Dated this the 14th day of March, 2008 JUDGMENT Petitioner claims to be the owner of 42 cents of land in Survey No.47/1, of Avinissary Village, having purchased it under Ext.P1. According to him, mutation is effected. He has paid the basic tax in relation to the same. Petitioner submits that apparently he came to know that on account of certain arrears of public revenue stated to be due from his vendor, half share of the property purchased by him under Ext.P1 is sought to be brought to sale as per Ext.P3 notice. Petitioner then preferred Ext.P4. This is a claim petition in terms of Section 46 of the Revenue Recovery Act. He approaches this Court seeking a direction to the respondents to pass orders on Ext.P4. I heard learned counsel for the petitioner and the learned senior Government Pleader. Government Pleader submits that it seems that the W.P.(C).8277/2008 2 petitioner has purchased the property after the public revenue fell due. This is a matter which has to be enquired into by the Tahasildar. In the result, writ petition is disposed of directing the respondent to consider and pass orders on Ext.P4 after due notice to the petitioner within a period of three months from the date of receipt of a copy of this judgment. Sale of the property pursuant to Ext.P3 shall be subject to the decision to be taken on Ext.P4. V.GIRI, Judge mrcs