IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 7271 of 2011(H) --------------------------------------- PETITIONER(S): ----------------------- 1. V.RAJASEKHARAN NAIR NIRMALYAM, TC NO.36/1492 (1) J.P.NAGAR NO.18,KOTHALAM ROAD, WEST FORT WEST FORT, THIRUVANATHAPURAM 695 008. 2. M.JANARDHANAN NAIR GAYATHRI, KULASEKHARAN, KODUNGANOOR PO, THIRUVANANTHAPURAM 695 013. 3. R.BALAKRISHNAN, SAI JYOSNA TC. NO.5/1857, PEROORKADA THIRUVANANTHAPURAM. 4. M.V.THOMAS, PLOT NO.5 NEHRU NAGAR KURIACHIRA, THRISSUR 680 007. (PETITIONERS 2 TO 4 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER SHRI. V.RAJASEKHARAN NAIR, IST PETITIONER) BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ----------------------- 1. THE KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION (KSIDC) REPRESENTED BY ITS GENERAL MANAGER & SECRETARY KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM 695 003. 2. THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE THIRUVANANTHAPURAM. 695 001. tss W.P.(C) NO.7271/2011 4. THE TAHSILDAR (RR) OFFICE OF THE TAHSILDAR, THRISSUR. 680 020. 5. THE DEPUTY TAHSILDAR (RR) OFFICE OF THE TAHSILDAR, THIRUVANANTHAPURAM. 6. THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL TAHSILDAR, THIRUVANANTHAPURAM. 695 001. 7. THE DEPUTY TAHSILDAR (RR) THRISSUR. 680 020. 8. THE DEPUTY TAHSILDAR (RR) KERALA FINANCIAL CORPORATION, THRISSUR. 9. THE LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM. 10. M/S ELECRA SUBSTRATES LTD, ERAVIMANGALAM ,PERITHALMANNA,REPRESENTED BY ITS MANAGING DIRECTOR. 11. THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 12. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY , SECRETARIAT,THIRUVANANTHAPURAM. BY ADV. SRI.A.A.ABUL HASSAN, SC FOR KFC BY ADV. SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.K.ABDUL REHIM, J ----------------------------------- W.P.(C) No. 7271 OF 2011 --------------------------------------------- Dated this the 8th day of March, 2011 J U D G M E N T Revenue recovery steps initiated at the behest of respondents 1 and 2 to realise amounts due from the tenth respondent company was subject matter of challenge before this Court in an earlier round of litigation. By virtue of Ext.P21 judgment, a Division Bench of this Court, in W.A.No.284 of 2007, had relegated the petitioners to seek appropriate statutory remedy as contemplated under the Kerala Revenue Recovery Act. The main contention which was raised by the petitioners regarding the question of limitation, was left open to be challenged in the statutory proceedings. Accordingly, the matter was taken up before the Commissioner of Land Revenue (9th respondent) in a revision filed under section 83(1) of the Kerala Revenue Recovery Act. Ext.P29 is the order passed by the 9th 2 W.P.(C) No. 7271 OF 2011 respondent on the revision application. Discarding the contention of the petitioners regarding the question of the limitation, the said authority observed that the petitioners have executed personal guarantee with respect to the loan availed by the 10th respondent from respondents 1 and 2, and that the guarantee executed is a continuing guarantee thereby creating co-extensive liability to the petitioners with that of the 10th respondent. 2. However, aggrieved by Ext.P29, the petitioners had now preferred further revision as provided under section 83 (2) before the State Government (respondent No.11). Along with revision petition, the petitioners have also filed an application seeking stay. Grievance voiced in this writ petition is that, without considering pendency of the statutory revision before the 11th respondent, coercive steps of recovery has now been pursued and sale notices proclaiming sale of immovable property belonging to the petitioners were published as per Ext.P30. Under such 3 W.P.(C) No. 7271 OF 2011 circumstances, the petitioners seek direction from this Court to restrain steps for sale of the immovable property and further recovery steps till the statutory revision is disposed of by the 11th respondent. 3. Considering the facts and circumstances, I am of the view that, interest of justice will be served if a direction is issued to the 11th respondent to consider and dispose of the revision petition on an early basis and till then to restrain further steps initiated pursuant to the sale notices issued. 4. Therefore, the writ petition is disposed of directing the 11th respondent to consider and pass orders on Ext.P31 revision petition, after affording an opportunity of hearing to the petitioner and to all other parties concerned, as early as possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment. 5. Till such time the revision petition is disposed of as directed above, confirmation of sale and further 4 W.P.(C) No. 7271 OF 2011 proceedings if any taken on the basis of Ext.P30 shall be kept in abeyance. It is made clear that attachment if any effected on the property will continue. However, there shall not be any physical dispossession with respect to the occupation. C.K.ABDUL REHIM JUDGE ami/