IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19575 of 2009(N) -------------------------- PETITIONER: --------------- K.S.ANTONY, S/O. SKARIA, AGED 63 YEARS KADAMATHOTT HOUSE, PUTHIYANGADI.P.O ANGADIPURAM, MALAPPURAM DIST. BY ADV. MR. C.A.CHACKO MS. C.M.CHARISMA MR. N.A.SHAFEEK RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, TRIVANDRUM. 2. THE LAND REVENUE COMMISSIONER, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KANNUR DIST. 4. THE TAHSILDAR (RR), THALASSERY. 5. THE WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, KANNUR. 6. K.J.JAMES, S/O. THOMAS, KAIPANIKAL HOUSE, ARALAM DESOM, VELIMANOM.P.O. THALASSERI. R1 TO R4 BY GOVERNMENT PLEADER MR. P.K. BABU R5 BY ADV. MR. RENIL ANTO, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 19575 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of July, 2009 JUDGMENT The petitioner is approaching this Court probably for the 3rd time before exhausting the statutory remedy available to him for redressal of the grievance. Challenging Ext.P1 order passed by the 4th respondent, the petitioner had approached this Court by filing WP(C) No. 26706 of 2007, whereupon the petitioner was relegated to avail the alternate remedy under the statute. Pursuant to this, the petitioner approached the 3rd respondent, who declined interference as per Ext.P3. The petitioner again approached this Court by filing W.P.(C) No.30286 of 2008, which led to Ext.P4 judgment holding that, the petitioner had to approach the revisional authority as provided under Section 83 of the Kerala Revenue Recovery Act. Pursuant to this, the petitioner filed Ext.P5 revision petition before the second respondent and after considering the entire facts and figures, the second respondent passed Ext.P6 order, which in turn has been subjected to challenge in the present Writ Petition. 2. Obviously, there is yet another course of alternative remedy provided under the statute, by virtue of second revision before the Government, under the Sub section 2 of Section 83 of the very same enactment. In the said circumstances, the petitioner is directed to WP (C) No. 19575 of 2009 : 2 : approach the first respondent Government by filing revision petition under Section 83 (2) of the Act, within one month and on such an event, the said revision shall be considered and finalized in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 3 months thereafter. It is made clear that, the petitioner will be permitted to move the I.A. for stay along with memorandum of revision petition. On such an event, the first respondent/revisional authority shall consider the same and pass appropriate order thereon, within one month thereafter. It is also made clear that, till such appropriate orders are passed thereon, the coercive proceedings, stated as being pursued against the petitioner, shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd