IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34179 of 2008(R) ---------------------------------------------- PETITIONER(S): ---------------------- ABDULLA M. BEEKAY, BEEKAY VILLA, BAPPAITHOTTI ROAD, UPPALA.P.O, KASARAGOD TALUK. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT. 3. TAHSILDAR, KASARAGOD. BY GOVERNMENT PLEADER SHRI P.K.RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 34179 OF 2008 R -------------------------------------- Dated this the 20th November, 2008 JUDGMENT Petitioner challenges Ext.P6 and seeks a direction to the second respondent to consider Appeal No. KBTA 9/2007 afresh. A further direction is sought to appoint an Advocate Commissioner to conduct local inspection and to measure the plinth area of the house No. MPX 904A at Mangalapady Panchayat. 2. I heard the learned counsel appearing for the petitioner. Ext.P6 is an order passed by the third respondent Tahsildar. No doubt, there was an earlier Appeal as revealed by Ext.P5. In Ext.P5, the matter was remitted back to the assessing authority to consider the case afresh and remeasure the building in the presence of the petitioner or his representative. Petitioner has complaints against Ext.P6. Learned counsel for the petitioner placed reliance on two decisions of this Court in Bhattathiripad v. Tahsildar (1994 (1) KLT 790) and Ramachandran v. WPC.34179/08 R 2 Tahsildar (1997 (1) KLT 104). I heard the learned Government Pleader also. I feel that the petitioner has an effective remedy by way of filing Appeal against Ext.P6. In such circumstances, I do not feel it necessary to entertain this Writ Petition against Ext.P6. The Writ Petition is disposed of relegating the petitioner to pursue the alternate remedy available to him. Recovery proceedings initiated against the petitioner will be kept in abeyance till the expiry of the period of limitation to file Appeal. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge