High Court Kerala High Court

Arayakkool Shamsuddin vs State Of Kerala on 18 September, 2009

Kerala High Court
Arayakkool Shamsuddin vs State Of Kerala on 18 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26396 of 2009(T)


1. ARAYAKKOOL SHAMSUDDIN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE SECRETARY,
                       ...       Respondent

2. THE TAHSILDAR (REVENUE RECOVERY),

3. THE REVENUE DIVISIONAL OFFICER,

4. CHEMBILALI BASHEER,

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :18/09/2009

 O R D E R
                    C.K.ABDUL REHIM, J.

                   ------------------------------
                 W.P.(C).No.26396 OF 2009
                   ------------------------------

         Dated this the 18th day of September, 2009


                       J U D G M E N T

———————-

1. Challenge in this writ petition is against Ext.P1 and P4

orders of the 3rd respondent confirming the sale of immovable

property effected under Revenue Recovery proceedings, in

favour of the 4th respondent. Property having an extent of 5

cents comprised in R.S.101 of Kolari Amsom Kaloor Desom in

Thalassery Taluk, belonging to the petitioner was sold in public

auction pursuant to Revenue Recovery steps initiated for

realisation of arrears of Building Tax, to the extent of

Rs.59,400/-. The sale of the property in favour of 4th respondent

was for an amount of Rs.2,05,000/-. According to the petitioner

he was employed in Gulf countries and was not having notice or

knowledge about the sale proceedings, and he came to know

about the recovery steps only after the auction was conducted.

Eventhough he had caused a lawyer notice to the 2nd respondent

Tahsildar demanding not to confirm the sale, expressing his

willingness to pay off the entire arrears, he was informed

through Ext.P3 reply under Section 52(1)(b) of the Kerala

Revenue Recovery Act, for getting the sale set aside. In the

W.P.(C).26396/09 2

meantime the 3rd respondent had confirmed the sale through

Ext.P1 and P4 without notice to the petitioner and without his

knowledge, is the complaint. According to the petitioner he is

ready and willing to pay off the entire arrears and the property

which is sold will fetch a market price of Rs.20 lakhs and

therefore he is seeking direction to cancel the sale on permitting

him to pay off the entire arrears.

2. Having considered contentions of the petitioner, I am

of the opinion that the petitioner has to seek appropriate

statutory remedy against Ext.P1 and P4, since the sale now

stands confirmed. From the impugned orders Ext.P1 and P4, a

statutory revision is maintainable as per Section 83 of the Kerala

Revenue Recovery Act, 1968 before the Commissioner of Land

Revenue. Since there is an effective alternate remedy available

the issue cannot be considered in this writ petition, unless he

exhaust such remedies. Therefore I am of the opinion that the

petitioner can be relegated to resort to such alternate remedy.

3. In the result the writ petition is disposed of directing

the petitioner to file revision petition before the Commissioner of

Land Revenue, as provided under Section 83 of the Act, against

Ext.P1 and P4 orders, within a period of two weeks from today.

If any such revision petition is filed, the same shall be considered

and disposed of by the Commissioner of Land Revenue, after

W.P.(C).26396/09 3

affording an opportunity of hearing to the petitioner as well as to

the 4th respondent, at the earliest, at any rate within a period of

two months from the date of receipt of such revision petition.

The petitioner is also at liberty to seek appropriate interim

orders from the Commissioner of Land Revenue for keeping in

abeyance further proceedings pursuant to the confirmation of

sale. However, in order to facilitate the petitioner to move

before the Commissioner of Land Revenue, further proceedings

pursuant to Ext.P1 and P4 is directed to be kept in abeyance for

a period of two months from today.

C.K.ABDUL REHIM, JUDGE.

okb