IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 28068 of 2010(G) ------------------------------------ PETITIONER(S): ---------------------- K.R.JAYA, D/O.KARTHYAYANI AMMA AGED 39 YEARS, MOHANA SADANAM, KIDARAKKUZHY VENGANOOR PO, NOW RESIDING AT T.C.26/690 (I) VANROSS JUNCTION, THIRUVANANTHAPURAM- 695 001 BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM. 2. THE TAHSILDAR (R.R) TALUK OFFICE NEYYATTINKARA, NEYYATTINKARA PO, THIRUVANANTHAPURAM. 3. THE ASSISTANT COMMISSIONER (ASSESSMENT) SALES TAX OFFICE, SPECIAL CIRCLE, THIRUVANANTHAPURAM. 4. K.S.SANAL, MOHANA SADANAM, KIDARAKKUZHY,VENGANOOR PO. GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt C.K.ABDUL REHIM, J. ----------------------------- W.P.(C)No.28068 of 2010 ----------------------------------- Dated this the 9th day of September 2010 J U D G M E N T Challenge in this writ petition is against Ext.P11 order passed by the 1st respondent District Collector, on the basis of a petition submitted seeking to set aside sale of an immovable property, upon which the petitioner claims right. The sale was conducted pursuant to a proceedings initiated under the Kerala Revenue Recovery Act. Going by provisions of the said Act it is evident that, from the order of the 1st respondent, an effective alternate remedy by way of revision is provided, as per Sec.83(1). Therefore, I am not inclined to entertain this writ petition and to conduct any adjudication on the merits of Ext.P11. I am of the opinion that the petitioner can be relegated to the revisional authority to seek appropriate remedies. W.P.(C)No.28068 of 2010 -: 2 :- 2. Under the above circumstances the writ petition is disposed of directing the petitioner to file revision against Ext.P11 before the Commissionaire of Land Revenue, who is the Revisional Authority under Sec.83(1) of the Act. If the petitioner files any such revision within a period of two weeks from today, the same shall be considered and disposed of on merits by the said authority, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate, within a period of three months from the date of filing of the revision petition. 3. It is further directed that, if any such revision is filed within the time stipulated as above, further proceedings pursuant to the sale shall be kept in abeyance till the disposal of the revision. Writ petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. Jvt