IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9091 of 2010(J) ------------------------- PETITIONER(S): --------------- AJAY JOSE K.I KUNNEL VEEDU, MUNDAMVELI PO, COCHIN -17 BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO LOCAL SELF DEVELOPMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION THIRUVANANTHAPURAM 695 033. 3. THE DISTRICT COLLECTOR ERNAKULAM. 4. THE DEPUTY TAHSILDAR (RR) TALUK OFFICE, KOCHI. 5. THE BLOCK DEVELOPMENT OFFICER CHELLANAM GRAMA PANCHAYATH PALLURUTHI, KOCHI 682 006. GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ....................................................................... WP (C) NO. 9091 OF 2010 ............................................... Dated this the 18th day of March, 2010 J U D G M E N T ≈≈≈≈≈≈≈≈≈≈≈ The petitioner is challenging Exhibit P5 order, passed by the 2nd respondent. 2. Heard the learned Government Pleader as well. 3. Obviously, Exhibit P5 has been passed under Section 83 (1) of the Kerala Revenue Recovery Act. The Statute provides a further remedy by way of revision before the Government under Subsection (2) of 83. 4. In the above circumstances, interference is declined and the Writ Petition is dismissed, however, without prejudice to the right of the petitioner to pursue the matter by approaching the Government under Section 83 (2) of the Revenue Recovery Act. However, so as to enable the petitioner to pursue such statutory remedy, all further WP (C) NO. 9091 OF 2010 2 recovery proceedings shall be kept in abeyance for a period of 3 weeks. P.R. RAMACHANDRA MENON, JUDGE. rkc