IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 7197 of 2008(F) ------------------------------------- PETITIONER: ------------------- UMMALIL PATHOOTTY, W/O. (LATE) EDAKKANDY AHAMMED, ZIL ZILA, CHIRAKKARA THALASSERI, KANNUR DISTRICT. BY ADV. SRI.P.P.RAMACHANDRAN, ADV. SRI.M.P.JAYANANDAN. RESPONDENTS: ----------------------- 1. TAHSILDAR, (R.R.), THALASSERI. 2. EXECUTIVE ENGINEER, K.S.E.B. CHITTARIPARAMBA, KUTHUPARAMBA, THALASSERY. 3. DISTRICT COLLECTOR, KANNUR. 4. VILLAGE OFFICER, THIRUVANGAD VILLAGE, P.O. THALASSERI. R1, 3 & 4 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R2 BY SRI. P.P. THAJUDEEN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.7197 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. JUDGMENT 1.Petitioner faces revenue recovery proceedings. Her contention is that the premises was in occupation of a tenant and the petitioner had transferred the property in question to one Abooty. Neither the tenant nor Abooty is on the array of parties here. But it appears that as per Ext.P2 judgment, the Executive Engineer was directed to decide on the claim of the petitioner that she is not liable to make the payments. An amount of Rs.1,000/- is also stated to have been paid following Ext.P2. The learned standing counsel for the KSE Board submits that no representation in the form of Ext.P3 has been received and the Board does not even have an office of the Executive Engineer in the address WP(C)7197/08 -: 2 :- shown in Ext.P3. 2.In the aforesaid circumstances, if the petitioner deposits an amount of Rs.9,934/- after giving credit to the amount of Rs.1,000/- paid following Ext.P2 judgment in three equal monthly instalments, the Executive Engineer Thalassry wil take up any representation of the petitioner if filed appropriately and consider the same in accordance with law. If any decision is likely to be taken against any person other than the petitioner, such person shall also be heard in accordance with law. If the petitioner remits the amounts as aforesaid, the Executive Engineer will consider whether the interest accrued thereon could be dropped and the matter closed even if the petitioner is liable ultimately. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/