IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32863 of 2009(C) -------------------------- PETITIONER(S): --------------- SURESH KUMAR, S/O.PURUSHOTHAMAN, TC 7/1217,MARUTHAMKUZHI,VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE TAHSILDAR (RR) ,KUTTANADU TALUK, ALAPPUZHA. 4. THE VILLAGE OFFICER, CHAMPAKULAM, KUTTANAD TALUK,ALAPPUZHA. 5. SUDHAKARAN, LATHA BHAVAN, ATTAVATHALA MUDIYIL,NEDUMDUDI,ALAPPUZHA DIST. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.32863 OF 2009 ------------------------------ Dated this the 17th day of November, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against the sale of immovable property of 23 Ares 68 Sq:Mtrs: comprised in Sy.No:254/16-3 of Block No:25 of Champakkulam village belonging to the petitioner, in public auction pursuant to revenue recovery steps initiated for realisation of arrears due from the petitioner to BSNL. According to the petitioner there was no notice with respect to the proceedings and the petitioner came to know about the sale only when he received Ext.P4 letter requesting the petitioner to receive the excess amount after adjusting the arrears. 2. It is evident that the alleged sale is under the provisions of the Kerala Revenue Recovery Act, 1968. There is effective remedy provided to seek to set aside the sale under Section 53 and 54 of that statute. Further, Section 83 of the said Act provides revisional remedy against any order confirming the sale. Approaching this court without resorting to any such statutory remedy is highly misconceived. The petitioner can approach the concerned authority seeking to set aside the sale W.P.(C).32863/09-C 2 and also can seek appropriate interim reliefs from such authority. 3. Therefore the writ petition is dismissed without prejudice to rights of the petitioner to invoke statutory remedy available to him, against the sale which is impugned herein. C.K.ABDUL REHIM, JUDGE. okb