IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURAGBLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6647 of 2010(E) PETITIONER: V.R.JOY, AGED 46 YEARS, S/O.RAPHAEL, VITHAYATHIL HOUSE, PEECHANIKKAD P.O., ANGAMALY, ALUVA TALUK. BY ADV. MR.K.S.HARIHARAPUTHRAN MR.M.D.SASIKUMAR MR.GEORGE MATHEW RESPONDENTS: 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA KHADI & VILLAGE INDUSTRIES BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 4. THE SPECIAL TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, ALUVA. 5. THE VILLAGE OFFICER, PARAKKADAVU VILLAGE, PARAKKADAVU P.O., ALUVA TALUK. 6. THE VILLAGE OFFICER, ANGAMALY VILLAGE, ANGAMALY P.O., ALUVA TALUK. 7. M/S.BHARAT VILLAGE INDUSTRIES CO-OPERATIVE SOCIETY PVT. LTD., NO.KVIND(E)152, REP. BY ITS SECRETARY, KURUMASSERY KARA, PARAKKADAVU VILLAGE, ALUVA TALUK, (DEFAULTER). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 6647 of 2010-E ---------------------------- Dated this the 2nd day of March, 2010. J U D G M E N T The petitioner is challenging Exts.P2 and P6 orders passed by the fourth and third respondents respectively. The main grievance of the petitioner is that no proper fixation of 'upset price' was there and also that no proper publication was made; which in turn has caused irreparable loss and hardship to the petitioner. It is also contended that Ext.P5 representation filed by the petitioner has been dismissed by the third respondent as per Ext.P6 without any proper application of mind. 2. Heard the learned Government Pleader as well. 3. It is brought to the notice of this Court that the impugned proceedings can be taken up by the petitioner by resorting to the statutory remedy under Section 83(1) of the Kerala Revenue Recovery Act. This being the position, no interference is warranted in the Writ Petition. The petitioner is relegated to pursue the statutory remedy as mentioned above, by approaching the Commissioner for Land Revenue, Thiruvananthapuram. It is made W.P(C) No. 6647 of 2010-E 2 clear that, all further proceedings pursuant to Exts.P2 and P6 shall be kept in abeyance for a period of one month from today, so as to enable the petitioner to pursue such exercise. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No. 6647 of 2010-E 3