IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2329 of 2009(B) --------------------------------------------- PETITIONER(S): ---------------------- C.K.NABISSA, W/O. CHANGAMOOLAYIL KADHER, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): ------------------------- 1. TAHSILDAR(RR), KANAYANNUR , ERNAKULAM. 2. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, COCHIN. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. K.B.SUBAIR, KULANGARA HOUSE, KAMBIVELIKKATH COLONY, VAZHAKKALA VILLAGE ERNAKULAM. R1 & R3 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SMT. MOLLY JACOB, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 2329 OF 2009 B -------------------------------------- Dated this the 23rd January, 2009 JUDGMENT Petitioner challenges Ext.P4. It is an order passed by the first respondent Tahsildar, as per which it is found that the transaction in favour of the petitioner by the fourth respondent, who is none other than her son-in-law, is after issuance of the revenue recovery notice with intention to defeat the State. 2. I heard the learned counsel for the petitioner, learned standing counsel for the second respondent and also the learned Government Pleader. It is not necessary for me to issue notice in this case to the fourth respondent. 3. I do not think it is necessary for me to consider the question, as admittedly the petitioner has a remedy under Section 83(1) of the Kerala Revenue Recovery Act. In such circumstances, the Writ Petition is disposed of relegating the petitioner to pursue the remedy under Section 83 of the Kerala Revenue Recovery Act. In order to facilitate the petitioner WPC.2329/09 B 2 approaching the alternate Forum, it is ordered that the recovery proceedings pursuant to Ext.P4 shall be kept in abeyance for a period of one month from today. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge