IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2406 of 2011(A) ------------------------- PETITIONER(S): --------------- 1. P.B.SIVARAJAN, SIVAM, T.C.7/738(60), KAIRALI NAGAR, T.K.D.ROAD, MUTTADA, THIRUVANANTHAPURAM. 2. P.B.JEEVA KUMAR, PUSHPAMANGALAM, BHARANIKAVU, PUNALUR. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOLLAM-690 013. 2. THE TAHSILDAR, PATHANAPURAM TALUK, MINI CIVIL STATION, PUNALUR-691 305. 3. THE VILLAGE OFFICER, MUNICIPAL OFFICE BUILDING, PUNALUR-691 305. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PUNALUR-691 333. 5. THE KERALA STATE ELECTRICITY BAORD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R4 & 5 GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.2406 of 2011 ----------------------------------------- Dated this the 8th day of February, 2011 JUDGMENT The petitioners are the legal heirs of late P.V.Bhanu Panicker, who passed away on 19.5.1994. It appears money was due from late P.V.Bhanu Panicker to the Kerala State Electricity Board, to recover which revenue recovery proceedings were initiated at the instance of the Board. Ext.P3 certificate of recovery was thereupon issued for the sum of Rs.88,882/- with future interest. On coming to know of the steps taken under the Revenue Recovery Act the petitioners filed Ext.P5 petition before the 4th respondent requesting him to stop the revenue recovery proceedings. In that petition it is stated that the second petitioner has filed C.C.No.200/2009 before the Consumer Disputes Redressal Forum, Kollam aggrieved by the demand notice dated 20.8.2008 demanding payment of a sum of Rs.75,345/- with interest and Rs.1040/- as meter charges in respect of consumer No.4525. The second petitioner thereafter submitted Ext.P6 representation before the District Collector and the Tahsildar W.P(C).No.2406 of 2011 -:2:- requesting them to recall the revenue recovery proceedings initiated against the petitioners. This writ petition is thereafter filed seeking a direction to the respondents to consider Exts.P5 and P6 representations and pass orders thereon. 2. Under the provisions of the Kerala Revenue Recovery Act the District Collector and the Tahsildar are not bound to consider Exts.P5 and P6 representations and to drop the proceedings. The District Collector and the Tahsildar have no duty to enquire into Exts.P5 and P6 petitions and pass orders thereon. The remedy of the petitioners, if they are aggrieved by the steps taken by the Board, is either to satisfy the demand or to challenge the demand in other appropriate proceedings. I am therefore, of the considered opinion that the reliefs prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.2406 of 2011 ---------------------------- JUDGMENT 8th February, 2011