IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 773 of 2010(V) ------------------------ PETITIONER(S): --------------- 1. K.P.WILSON, KIZHAKKUNTHALA HOUSE, CHELAMATTOM, OKKAL P.O. 2. PETER.M.K, MANELIL VEEDU, VALAYANCHIRANGARA.P.O. 3. ELDHOSE T.VARGHESE, T.K.INFOSYSTEMS, THANTHALAKKATTU, CHOONDAKKUZHI, KUNNATHUNADU TALUK. 4. ANNA SABU, VISUALTECH EDITING STUDIES, KANJIRAVELIL, IRINGOLE KARA, PERUMBAVOOR. 5. ANTU VARGHESE, MANAGING PARTNER, UNIVERSAL CHITS AND FINANCIERS, KOOVAPPADY, PERUMBAVOOR. 6. T.K.VARKEY, THANTHALAKKATTU HOUSE, MUDAKKUZHA KARA, KUNNATHUNADU. 7. PREETHA JOSHI, VETTIKUZHICHALIL, IRONGOLE, PERUMBAVOOR VILLAGE. 8. SUNNY A.VARGHESE, ATHIRAMPUZHA, KOMBANADU, KUNNATHUNADU. 9. T.Y.PAULOSE, THOTTAPADAN, ALATTUCHIRA.P.O, KODANAD VILLAGE, KUNNATHUNADU TALUK. 10. VINOD.T.J, JOLLY VILLA, KONNAMKUDI ROAD, ONNAM MILE, PERUMBAVOOR. 11. AJITH KARLOS, POOVATHUMVEETTIL, ELAMPAKAPPILLY, P.O.AIMURI, PERUMBAVOOR. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------- 1. M.E.THOMAS, S/O.M.T.VARKEY, MOOCKANANJERY HOUSE, VENGOLA VILLAGE, KUNNATHUNADU. 2. THE TAHSILDAR, TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 773 of 2010 -------------------------------------- Dated, this the 11th day of January, 2010 J U D G M E N T The petitioners have approached this Court praying for the following reliefs:- i) To issue a declaration that the 2nd respondent has no right or authority to proceed against the petitioners' or their assets for the realisation of the Sales Tax arrears due from the 1st respondent. ii) To issue a writ of certiorari calling for the records leading to Exhibit P5 so far as it relates to the petitioners and quash the same as highly unjust, illegal and arbitrary. The main grievance projected in the Writ Petition is that the properties belonging to the petitioners are not liable to be proceeded against in respect of the amounts allegedly due from the 1st respondent, who was the previous owner of the property once upon a time. The specific contention put forth in the Writ Petition is that, the properties were purchased by the vendor to the title obtained by the petitioners, much prior to the commencement of the proceedings under the Kerala Revenue Recovery Act, in the years 1995, 1996, 1997, 1998, 1999 and the steps under the Revenue Recovery Act were initiated only after years thereafter. It is stated that the petitioners are bonafide purchasers of the property in question and that the finding and reasoning given in WP(C) No.773/2010 2 Ext.P5, as well as the consequential steps stated as being pursued by Ext.P6 are not correct or sustainable. 2. Learned Government Pleader for the respondents submits that the title deeds have already been set aside by the 2nd respondent as per Ext.P5 and that there is a statutory remedy available to the petitioners as provided under Section 83 (1) of the Kerala Revenue Recovery Act. 3. In the above circumstances, the petitioners are permitted to prefer statutory revision under Section 83(1) of the Revenue Recovery Act, before the Commissioner, Land Revenue, Thiruvananthapuram and if any such proceedings are filed along with appropriate Interlocutory Application for interim reliefs, the same shall be considered and finalized as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. So as to enable the petitioner to pursue the statutory remedy, the coercive proceedings stated as being pursued, pursuant to Ext.P5 and P6 shall be kept in abeyance for a period of one month. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc