IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 19124 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ R.SANKARAN KUTTY, S/O.RAJASEKHARAN NIAR, AGED 35 YEARS,RUGMARAJ,PARVATHIPURAM GRAMAM ATTINGAL P.O. THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, CHIRAYINKEEZHU. 4. THE DEPUTY TAHSILDAR (RR) TALUK OFFICE, CHIRAYINKEEZHU. 5. S.SUNIL KUMAR, MADHAVI MANDIRAM KOTTIYODU, CHITTATTUMKARA, ATTINAL P.O. BY SR. GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 19124 OF 2010 -------------------------------------------- Dated this the 21st day of June, 2010 JUDGMENT The case of the petitioner is that, the petitioner is a bonafide purchaser of the property, which is sought to be proceeded against, invoking the power under Section 44 (2) of the Kerala Revenue Recovery Act. Ext.P5 order passed by the 3rd respondent in the above circumstance has been subjected to challenge. 2. Heard the learned Government Pleader as well, who submits with reference to the materials on record that Ext.P5 is very much appealable under the relevant provisions of the 'Act'. 3. In the above circumstance, this Court does not propose to go into the merits of the case and relegates the petitioner to avail the statutory remedy by approaching the concerned authority, if so advised. So as to enable the petitioner to pursue such exercise, the coercive proceedings if any, shall be kept in abeyance for a period of one month. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc