IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WA.No. 1573 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1279/2011 Dated 06/09/2011 .................... APPELLANT(S): PETITIONER ---------------------------------------- N.SEKHARAN NAIR, AGED 71 YEARS, S/O.NARAYANA PILLAI, AMBIKA NIVAS, 3/973, THRUTHEPARAMBU ROAD, VAZHAKALA, THRIKKAKARA.P.O., ERNAKULAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): RESPONDENTS --------------------------------------------- 1. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM.695 033. 2. THE TAHSILDAR, (REVENUE RECOVERY), CHERTHALA, PIN-688 524. 3. THE DEPUTY COMMISSIONER (EXCISE), OFFICE OF THE DEPUTY EXCISE COMMISSIONER, ERNAKULAM. PIN-682 018. 4. PADMINI AMMA, KATTIKKAD VEEDU, KADAKKARAPALLY, CHERTHALA, PIN-688 529. 5. K.N.GIREESH, KAMALADALAM, KADAKKARAPALLY, CHERTHALA, PIN-688 529. 6. JAYALAKSHMI, W/O.SATHEESH, THOTTEZHATH VEEDU, THURAVUR, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 532. WA.No. 1573 of 2011 ADDL. 7. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001. ADDL. 7TH RESPONDENT IS SUO MOTU IMPLEADED AS PER THE JUDGMENT. SPL.GO (REVENUE) SRI.P.K.SOYUZ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1573 of 2011 ---------------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Government Pleader takes notice for respondents 1 to 3 and Advocate Sri.Sivan Madathil takes notice for respondents 4 to 6. 2. After hearing both sides and after going through the contents of the Writ Appeal and the impugned judgment, we are of the opinion that the State is a necessary party to the proceedings, in view of a revision lies against the order passed under Section 83(1) of the Kerala Revenue Recovery Act. Therefore, we suo motu implead the State of Kerala, represented by the Secretary, Revenue Department, Government Secretariat, Thiruvananthapuram-695 001 as the additional 7th respondent. 3. The impugned order before the learned Single Judge is Exhibit P8, which is also a revisional order by the Commissioner of Land Revenue. Against the said order, a second revision is provided and the same has to be filed before the Government. The main contention of the appellant seems to be, he was not WA.1573/11 2 heard and according to him, he never received any notice. This factual position also can be gone into by the second revisional authority while considering the contentions. With the above observation, we dispose of the Writ Appeal reserving liberty to the appellant to approach the second revisional authority in accordance with the Statute raising all the contentions and the same shall be disposed of in accordance with law. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs