IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 W.P.(C).No. 19091 of 2008(W) ----------------------------------- PETITIONER: -------------- LOKANATHAN, S/O.ANKAMUTHU CHETTIAR, ATTAYAMPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------- 1. THE TAHSILDAR (RR), CHITTUR TALUK, PALAKKAD DISTRICT. 2. LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. DAIVANA, W/O.RAJ CHETTIAR, DAIVANA FIBRE MILL, PARAKKAL CHALLA, NEAR MEENKARA PAPER MILL, CHITTUR TALUK, PALAKKAD DISTRICT. BY BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 19091 OF 2008 - W = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T Petitioner submits that he had purchased 1.98 acres of property from the 3rd respondent in 2005. Subsequently he was issued a notice under Section 44(2) of the Revenue Recovery Act, on the allegation that the transaction was a fraudulent one. Petitioner contends that on receipt of the notice he filed his reply and thereafter, Ext. P5 order was passed passed by the 1st respondent declaring the transfer to be void. Petitioner submits that against Ext. P5 he filed Ext. P6 revision along with a stay petition before the 2nd respondent. According to him, orders have not been passed on Ext. P6 and in the meanwhile steps are taken to attach the property in pursuance to Ext. P5 order. It is on the aforesaid allegation the writ petition has been filed. 2. By filing Ext. P6, what is pursued by the petitioner is the statutory remedy. Once such a statutory remedy of revision and W.P.(C) No. 19091 OF 2008 -2- stay petition has been availed of, as is averred by the petitioner, before orders are passed it not proper to implement Ext. P5. In view of the above, I dispose of this writ petition with the following directions: i) That the 2nd respondent shall consider and pass orders on Ext. P6 as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Before orders are passed, petitioner shall be given notice of hearing also. ii) Until orders are passed as above, further proceedings pursuant to Ext. P5 will be kept in abeyance. Petitioner shall produce a copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC JUDGE jan/-