VARKEY T U Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are challenging Ext.P13 order issued by the Government pursuant to the directions contained in Ext.P9 judgement in WP(C) No. 36402/03 dated 19/11/2003. The facts leading to the case are the following:

(2.) I heard learned Counsel appearing for petitioners and learned Government Pleader and learned standing Counsel appearing for 6th respondent Bank.

(3.) The first contention raised by the learned Counsel for the petitioners is that the Government has no power to issue Ext.P13 and therefore the order is liable to be vacated. However, it is seen that Government is the ultimate authority under Section 83(2) of the RR Act to interfere with proceedings issued under the Act by the subordinate authority including the revisional order issued by the Land Revenue Commissioner, previously Board of Revenue, under Section 83(1) of the Act. The circumstances under which this Court gave directions to the Government to exercise jurisdiction under Section 83(2) of the Act overlooking the revisional power of the Land Revenue Commissioner are already stated above.