IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 31350 of 2010(P) ---------------------------------------- PETITIONER(S): ----------------------- JAMEELA K., W/O. G.S.ABDUL HAMEED, PADNE THEKKEPURAM, PADNE VILLAGE, P.O.PADNE, HOSDURG TALUK, KASARAGOD-671 312. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): --------------------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE SECRETARY. 2. DEPUTY COLLECTOR AND CHIEF REVENUE OFFICER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, PIN-695 001. 3. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI.A.JAYASANKAR,SC R3 BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.31350 of 2010 ------------------------------------------- Dated this the 28th day of October, 2010 J U D G M E N T ---------------------- Aggrieved by the revenue recovery steps initiated, on issuing Ext.P1 notice, the petitioner had submitted revision petition before the 3rd respondent as per Ext.P2. The said petition was stated to have been filed under Section 83(1) of the Kerala Revenue Recovery Act, 1968. The petitioner had also filed Ext.P3 stay petition before the 3rd respondent. Prayer in this writ petition is to keep in abeyance further steps of recovery till the disposal of Ext.P2 and P3 stay petition filed along with Ex.P2 application. 2. It is noticed that the amount sought to be realised pertains to arrears due under a loan availed by the petitioner from the 1st respondent. No legal ground was seen raised for exonerating the petitioner from the liability nor any tenable ground is there in challenge of the proceedings initiated under the Revenue Recovery Act. It is also pertinent to note that the petitioner has not challenged any W.P.(C).31350/10-P -2- particular order or proceedings issued by any of the authorities under the revenue recovery Act, in the revision petition filed under Ext.P2. However, learned counsel for the petitioner submits that Ext.P2 is a statutory revision petition filed under Section 83(1) and the 3rd respondent is at an obligation to consider the same and dispose of it on merits. 3. If the petitioner had submitted any statutory petition before the 3rd respondent and if he had filed any interim application seeking appropriate reliefs, it is for the petitioner to pursue such remedies before the 3rd respondent. But I do not find any valid reason to hold on the recovery steps on the basis of pendency of such a petition before the 3rd respondent. 4. Under the above circumstances the writ petition is dismissed without prejudice to rights of the petitioner to pursue remedies based on Ext.P2 and P3. C.K.ABDUL REHIM, JUDGE. okb