IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 38639 of 2010(D) -------------------------- PETITIONER(S): --------------- P.SANKARANARAYANAN NAIR, S/O.RAVUNNI NAIR, PACHERY HOUSE, THIRUVEGAPPURA, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695023. 2. THE COMMISSIONER, BOARD OF REVENUE, REVENUE DEPARTMENT, THIRUVANANTHAPURAM-695023. 3. THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001. 4. THE TAHSILDAR, TALUK OFFICE, OTTAPALAM-679101. 5. THE VILLAGE OFFICER, THIRUVEGAPPURA VILLAGE, OTTAPALAM-679101. GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL FOR R1-R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.38639 of 2010-D ---------------------------------------- Dated this the 25th day of March, 2011. J U D G M E N T This writ petition is filed challenging Ext.P3 order which now stands confirmed through Ext.P5 revisional order. The issue pertains to transfer of certain immovable properties by the petitioner to his daughter- in-law, Smt.Pushpalatha. The petitioner had defaulted payment of amounts due under an award passed in a workmen compensation case. Pursuant to revenue recovery steps initiated for realization of the said amount, the property in question which was transferred by the petitioner was sought to be proceeded against. On the basis of objections raised by the petitioner, the 4th respondent conducted an adjudication, and through Ext.P3 order it was held that the transaction in question is not binding upon the Government, since it is hit by provisions contained in Section 44 of the Kerala W.P(C) No.38639 of 2010-D 2 Revenue Recovery Act. Hence, it was decided to proceed against the property for recovery of the arrears. 2. Ext.P3 was challenged in a revision petition filed by the petitioner before the 2nd respondent. In Ext.P5, the revision petition was dismissed holding that the transaction in question is not binding on the Government since the transfer was effected after the amount has become due and that the transfer was made only in favour of the daughter-in-law of the petitioner. In this writ petition, the petitioner is challenging Ext.P5. 3. During pendency of the writ petition, the petitioner had filed I.A.No.5570/2011 producing copy of a further revision petition filed by the petitioner before the 1st respondent, under Section 83(2) of the Kerala Revenue Recovery Act. Copy of the said revision petition is produced as Ext.P6. It is further stated that along with the revision petition an interim application W.P(C) No.38639 of 2010-D 3 was also filed, as per Ext.P7, seeking stay of all further proceedings pursuant to the order of the Tahsildar, pending disposal of the said revision petition. 4. From the circumstances as stated above, it is evident that now the matter is in seizin of the statutory revisional authority, the 1st respondent herein. Therefore, I am of the view that this Court need not adjudicate upon merits of the contentions raised. Interest of justice will be served if the 1st respondent revisional authority is directed to have an expeditious disposal of the matter. 5. Therefore, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P6 revision, after affording an opportunity of personal hearing to the petitioner, as well as to all other parties concerned, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. W.P(C) No.38639 of 2010-D 4 6. Till such time the revision petition is disposed of, the respondents are restrained from proceeding with further steps pursuant to Ext.P3 order, which is now stands confirmed through Ext.P5. 7. The petitioner will produce a copy of this judgment before the 1st respondent. C.K.ABDUL REHIM JUDGE ab W.P(C) No.38639 of 2010-D 5