IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29102 of 2009(G) ------------------------------------- PETITIONER(S): ------------------------ 1. P.MOHAN KUMAR, ANU BHAVAN, KAIPUZHA MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. K.RADHAMANIAMMA, W/O.P.MOHAN KUMAR, ANU BHAVAN, KAIPUZHA MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.MR. K.SHAJ MR.L.RAJ MOHAN MR.SAJJU.S MR.R.RAJAT RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADOOR. 3. THE TAHSILDAR, KOZHENCHERRY TALUK OFFICE, PATHANAMTHITTA. 4. THE ADDITIONAL TAHSILDAR, KOZHENCHERRY TALUK OFFICE, PATHANAMTHITTA. 5. RAGHAVAN PILLAI, SARITHA BHAVAN, KAIPUZHA MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 6. VALSALA DEVI @ OMANA AMMA, W/O.RAGHAVAN PILLAI, KAIPUZHA MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. R1 TO R4 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.29102 of 2009 - G ---------------------------------------- Dated 15th October, 2009 Judgment Ext.P8 order passed by the Tahsildar, Kozhencherry under the Kerala Land Conservancy Act and Ext.P7 notice dated 3.10.2009 are under challenge in this writ petition. Under section 16 of the Kerala Land Conservancy Act, an appeal lies from the said order to the Revenue Divisional Officer. The period of limitation prescribed for filing such an appeal is 30 days from the date on which the decision or order appealed against was received by the appellant. Since the said period has not expired and the petitioners have an effective and meaningful remedy by way of appeal, I am of opinion that he should resort to that remedy instead of seeking the intervention of this Court. Hence, this writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to move the Revenue Divisional Officer in appeal. It will be open to the petitioner to move the Revenue Divisional Officer seeking interim orders and I am sure that the Revenue W.P.(C) No.29102/2009 2 Divisional Officer will not render the appellate remedy meaningless by declining an order of stay. P.N.RAVINDRAN Judge vaa