IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35011 of 2010(B) --------------------------------------- PETITIONER: ------------------- ANIL KUMAR.G., S/O.GOPALAKRISHNA PILLAI AGEAD 38 YEARS, GOPA NIVAS, MANAYILKULANGARA, THIRUMULLAVARAM P.O., KOLLAM-12. BY ADV. SRI.R.SATISH KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE CHIEF SECRETARY, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-01. 3. THE SECRETARY, FINANCE DEPARTMENT, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-01. 4. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-01. 5. THE DEPUTY COLLECTOR (R.R.)., KERALA FINANCIAL CORPORATION (KFC), VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 004. 6. THE DEPUTY TAHSILDAR (R.R.) KERALA FINANCIAL CORPORATION (KFC), A.G.C.COMPLEX, BEACH ROAD, KOLLAM- 690 536. W.P.(C). NO.35011/2010-B: 7. THE CHIEF MANAGER, KERALA FINANCIAL CORPORATION (KFC), BEACH ROAD, KOLLAM – 690 536. 8. NAVAS, KALIYIL VEEDU, MULANGADAKOM, KOLLAM – 690 037. 9. THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM – 695 004. 10. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM 695 004. R1 TO R6 BY GOVT. PLEADER SRI. P.N. SANTHOSH, R7,R9 & R.10 BY SRI. A.A. ABDULHASSAN, S.C, K.F.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 35011 OF 2010 ===================== Dated this the 23rd day of November, 2010 J U D G M E N T Petitioner, his wife and mother jointly availed of a loan of Rs.10,14,000 from the Kerala Financial Corporation by mortgaging 17 cents of land and a residential building as collateral security. Default was committed and recovery proceedings were initiated and finally the property was sold by revenue recovery authorities. It would appear that the property has been bought by the 8th respondent. 2. Against the sale and further orders, petitioner filed representation before the Government, which is rejected by Ext.P2. According to the petitioner, aggrieved by Ext.P2, he filed Ext.P3 before the Chief Secretary to Government. Ext.P3 has been styled as an appeal and along with Ext.P3, petitioner has also filed Ext.P4, which also has been styled as a stay petition. In this writ petition, he seeks disposal of Exts.P3 and P4. 3. As already seen, proceedings initiated were under the Revenue Recovery Act. If so, the remedy available to the petitioner is also under the Revenue Recovery Act. The WPC No. 35011/10 :2 : application filed before the Government or Ext.P3 filed before the Chief Secretary to Government cannot be taken as applications made under the provisions of the Revenue Recovery Act. Necessarily therefore, the only conclusion that is possible is that, Ext.P3 application is not a statutory one. 4. Further no statutory provision conferring appellate power on the Chief Secretary is shown. In that view of the matter, I am not persuaded to direct disposal of Exts.P3 or P4. Therefore, this writ petition will stand rejected, leaving it open to the petitioner to pursue his remedies under the Revenue Recovery Act in accordance with law. ANTONY DOMINIC, JUDGE Rp