IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4711 of 2008(J) ------------------------- PETITIONER: --------------------- JAMES VARGHESE, S/O.VARGHESE PADANILATHU HOUSE, THIDANADU, KONDOOR VILLAGE MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL DEPUTY TAHSILDAR (R.R) K.S.F.E. M.D. COMMERCIAL CENTRE, KOTTAYAM. 3. SPECIAL DEPUTY TAHSILDAR (R.R) K.S.F.E., KUMARANASAN SMARAKA MANDIRAM COURT ROAD, ALAPPUZHA. 4. BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES ETTUMANOOR BRANCH, KOTTAYAM. 5. BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES KOTTAYAM BRANCH, KOTTAYAM. WP(C).No. 4711 of 2008 :: 2 :: 6. BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES KOTTAYAM EVENING BRANCH, KOTTAYAM. 7. BRANCH MANAGER KERALA STATE FINANCIAL ENTERPRISES ALAPPUZHA II BRANCH, ALAPPUZHA. 8. THE KERALA STATE FINANCIAL ENTERPRISES REGD.OFFICE 'BHADRATHA', P.O.BOX 510 CHEMBUKKADU MUSEUM ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR. 9. MINI PANICKER, MADAVANA HOUSE EDAKKOLI, CHAKKAMPUZHA, PALA. 10. SATHEESH CHANDRAN NAIR P.S. 'SRUTHI', KODIMATHA P.O., KOTTAYAM-39. 11. REGHUNATHAN NAIR D., MUTTATH HOUSE UZHAVOOR EAST P.O., KOTTAYAM-34. 12. TONY MATHEW, NADAKKUZHAKAL HOUSE BHAVANA LANE, EDAPPALLY P.O., COCHIN-24. 13. UZHAVOOR SERVICE CO-OP.BANK LTD. 3810 UZHAVOOR P.O., KOTTAYAM REPRESENTED BY ITS SECRETARY. ADDL.R14. THE DISTRICT COLLECTOR, KOTTAYAM. IMPLEADED AS ADDL.R14 VIDE ORDER DATED 13.2.2008 IN I.A.NO.2266/08 R1 TO R3 & ADDL.R14 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL SRI.M.L.SAJEEVAN, SC, KSFE LTD. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C)No.4711 of 2008 ------------------------- Dated this the 13th day of February, 2008. JUDGMENT The petitioner claims to be a purchaser of an extent of 1 acre and 5 cents of land as per Ext.P1 sale deed bearing No.17/07 of Ramapuram Sub Registry Office. According to the petitioner, he is a bona fide purchaser without notice. Subsequently, he came to know that proceedings under the Revenue Recovery Act have been taken against his vendor. The property covered by Ext.P1 as also other properties are scheduled in Ext.P3 notice. 2. After the filing of the writ petition, the petitioner filed a claim petition before the District Collector, the additional 14th respondent as per Ext.P6 produced along with I.A.No.2265/08. 3. I heard learned counsel for the petitioner and the learned standing counsel for the KSFE and also learned Government Pleader Mr.Mathew George Vadakkel. 4. Proceedings are taken in relation to a property under the Revenue Recovery Act. When a person other than the defaulter or a person, who claims otherwise than through the defaulter, sets up a claim in relation to the said property, the said claim is eligible to be enquired into. W.P.(C).NO.4711/08 :: 2 :: 5. In the circumstances, the writ petition is disposed of directing the District Collector, Kottayam, the additional 14th respondent, to consider and take appropriate decision on Ext.P6 claim petition, after notice to the petitioner and other affected parties. Enforcement of Ext.P3 shall be kept in abeyance as regards the property scheduled in Ext.P1 sale deed, till a decision is taken on Ext.P6 as mentioned above. It is made clear that this restriction is only with regard to the property covered by Ext.P1 and not with regard to the properties scheduled to Ext.P3 as such. The District Collector, Kottayam, shall pass orders within six months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment as also I.A.No.2265/08 before the District Collector, Kottayam for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge