IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 32318 of 2009(H) ----------------------------------------- PETITIONER(S): ------------------------- JESSY JOSEPH, VADAKKEL HOUSE,KENICHIRA POST, POOTHADI AMSOM DESOM,SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. MR.M.P.ASHOK KUMAR RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR,WAYANAD. 2. THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY,WAYANAD. 3. THE TAHSILDAR (REVENUE RECOVERY), AMBALAVAYAL,WAYANAD. 4. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 5. MR.BABURAJ,S/O.THOMAS, MANTHADATHIL HOUSE,KENICHIRA POST, POOTHADI AMSOM DESOM,WAYANAD DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32318/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SHOW CAUSE NOTICE DTD. 15/11/2007. P2: COPY OF THE OBJECTION FILED BY THE PETITIONER DTD. 05/12/2007. P3: COPY OF THE ORDER NO.B-5757/03/K.DIS. DTD. 11/12/2007. P4: COPY OF THE REVISION PETITION DTD. 18/10/2008. P5: COPY OF THE PROCEEDINGS OF THE COMMISSIONER FOR LAND REVENUE DTD. 16/09/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.32318 of 2009 -H ------------------------------ Dated this the 8th day of January, 2010. J U D G M E N T The petitioner is aggrieved by Ext.P5 order passed by the fourth respondent declining interference in the revision petition filed under Section 83(1) of the Kerala Revenue Recovery Act. 2. Heard the learned Government Pleader as well. 3. It is very much evident that the petitioner has not exhausted the further statutory remedy available to him, as provided under sub Section 2 of Section 83. In the above circumstances, interference is declined; however with liberty to the petitioner to file statutory revision petition under Section 83(2) of the 'Act' by approaching Government. So as to enable the petitioner to pursue such course, all further proceedings pursuant to Ext.P3 shall be kept in abeyance for a period of one month. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// ab P. A TO JUDGE