IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 W.P(C).No. 18363 of 2008(J) ---------------------------------- PETITIONER: -------------- K.ABDUL RAHIMANKUTTY,AGED 48, S/O. AHAMMED, REISIDING AT PARAMMAL HOUSE MOONIYUR PO, THIRURANGADY,MALAPPURAM DISTRICT PIN 676 311. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER LAND REVENUE, THIRUVANANTHAPURAM 2. VILLAGE OFFICER OFFICE OF RAMANUTTUKARA VILLAGE, RAMANATTUKARA PO, KOZHIKODE DISTRICT PIN 673 633. 3. TAHSILDAR KOZHIKODE TOWN TALUK OFFICE, CIVIL STATION, KOZHIKODE DISTRICT, PIN 673 001. 4. TAHSILDAR REVENUE RECOVERY OFFICE OF THE REVENUE RECOVERY TAHSILDAR, CIVIL STATION KOZHIKODE DISTRICT, PIN 673 001. 5. DEPUTY LABOUR COMMISSIONER COMMISSIONER FOR WORKMENS COMPENSATION OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER CIVIL STATION, KOZHIKODE DISTRICT 673 001. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 18363 OF 2008 J ==================== Dated this the 19th day of June, 2008 J U D G M E N T Petitioner submits that in 1998, under different documents of title produced as Ext.P1 series, petitioner has acquired certain properties. He had also produced a non encumbrance certificate, copy of which is Ext.P2, which also do not indicate any liability over the property. When he applied for certain certificates for obtaining building permit, that was not issued and thereupon he had lodged a complaint in that respect also. While orders on the application and complaint were awaited, petitioner submits that he received Ext.P4 notice issued under Revenue Recovery Act informing that the aforesaid properties will be sold for realising the dues under an order passed by the Commissioner for Workmen's Compensation. Petitioner states that the case in which the order has been passed by the Commissioner itself was filed only in 2000 and therefore, the property which was transferred in his favour, way back in 1998 could not have been proceeded against. Raising this objection, he has filed Ext.P5 before the 4th respondent. It is submitted that Ext.P5 still has not been dealt with and at W.P.(C) 18363/08 : 2 : the same time, further proceedings are being continued in pursuance to Ext.P4. It is in this background, this writ petition has been filed. If as stated by the petitioner Ext.P5 has been received, the 4th respondent has to deal with the same. Since the petitioner has contentions deserving consideration, I feel the 4th respondent should be directed to deal with Ext.P5. This the 4th respondent shall do as expeditiously as possible, at any rate within 3 weeks of production of a copy of this judgment. It is directed that in the meantime, further proceedings pursuant to Ext.P4 will be kept in abeyance. Petitioner shall produce a copy of this judgment before the 4th respondent for compliance. ANTONY DOMINIC,JUDGE. Rp