WP(C) NO. 14342 OF 2025 : 1 : 2025:KER:29389 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 14342 OF 2025 PETITIONER: EBBES MATHEW, AGED 50 YEARS S/O. MATHEW, MUTTATHU HOUSE, PALANGARA P. O., NILAMBUR, MALAPPURAM DISTRICT., PIN - 679330 BY ADVS. P.T.MOHANKUMAR RAM MOHAN ESPONDENTS: 1 THE DISTRICT COLLECTOR, MALAPPURAM COLLECTORATE, CIVIL STATION, MALAPPURAM ., PIN - 676505 2 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED "BHADRATHA', MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020 3 THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED FIRST FLOOR, ROYAL ARCADE MINI BYPASS BUSSTAND, NILAMBUR MALAPURAM., PIN - 679329 4 THE DEPUTY GENERAL MANAGER SDT [ R R], RECOVERY OFFICE, KSFE LIMITED, OPPOSITE AROMA THEATRE, PALAKKAD., PIN - 678001 5 SPECIAL DEPUTY TAHSILDAR [RR] OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES LIMITED, PALAKKAD, PIN - 678001 WP(C) NO. 14342 OF 2025 : 2 : 2025:KER:29389 6 MUHAMMED HIZAMUDHEEN S/O.MUHAMMED, POTTAYIL HOUSE, MEALTTUR P. O., PERINTHALMANNA, MALAPPURAM DISTRICT., PIN – 679326 R BY SR.GP SRI.V.K.SUNIL SRI.SALIL NARAYANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14342 OF 2025 : 3 : 2025:KER:29389 JUDGMENT The petitioner was a subscriber to a prized chitty conducted by the Kerala State Financial Enterprises Limited – the 3rd respondent. On default of payment of installments, the 3rd respondent initiated revenue recovery proceedings. Ext.P1 is the notice issued by the 5th respondent under Section 49(2) of the Kerala Revenue Recovery Act, 1968 (for short 'the Act'). Pursuant to Ext.P1, the property was sold on 21.11.2023. The petitioner submitted Ext.P4 application to set aside the sale under Section 53 of the Act before the 1st respondent and the 1st respondent, by Ext.P5, rejected the same. Challenging Ext.P5, the petitioner has filed this writ petition. WP(C) NO. 14342 OF 2025 : 4 : 2025:KER:29389 2. The learned Government Pleader submits that, Ext.P5 order of the 1st respondent, rejecting the application of the petitioner, is appealable before the Commissioner of Land Revenue under Section 72(1) of the Act. In the facts and circumstances of the case and without prejudice to the right of the petitioner to avail the said remedy, this writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 14342 OF 2025 : 5 : 2025:KER:29389 APPENDIX PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO.5, REGARDING AUCTION, DATED 27-07-2023 Exhibit P-2 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE CHIEF MINISTER, DATED 30- 11-2023 Exhibit P-3 TRUE COPY OF THE LETER RECEIVED FROM RESPONDENT NO.4, TO THE PETITIONER, DATED 11.03- 2024 Exhibit P-4 TRUE COPY OF THE APPLICATION/APPEAL SUBMITTED BY THE PETITIONER, TO RESPONDENT NO.1 CHALLENGING THE IMPUGNED SALE, DATED 16-12-2023 Exhibit P-5 TRUE COPY OF THE ORDER PASSED BY RESPONDENT NO.1 IN EXHIBIT P-4 APPLICATION, DATED 04- 07-2024 Exhibit P-6 TRUE COPY OF THE NOTICE OF ATTACHMENT ISSUED BY RESPONDENT NO.5 DATED 10-01-2024