IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14826 of 2009(W) -------------------------- PETITIONER(S): ------------------ 1. BABU, S/O.ITTIMATHEW, CHUNGATHU HOUSE, CHOWANNUR VILLAGE, THALAPPILLY TALUK, THRISSUR. 2. SIBI BABU, W/O.BABU, CHUNGATHU HOUSE, CHOWANNUR VILLAGE, THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.K.B.MOHANDAS RESPONDENT(S): ------------------- 1. THE LAND REVENUE COMMISSIONER, OFFICE OF THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. M.A.MUHAMMED, S/O.AYYUTTY, MADAPPATTUPARAMBIL HOUSE, VELLITHIRUTHY, P.O.MARATHANKODE, THRISSUR DISTRICT. R1 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).14826 of 2009 --------------------------- Dated this the 29th day of May, 2009 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Challenging Ext.P1 order passed by the Revenue Divisional Officer under the Land Utilisation Order, the petitioner had earlier approached this court in W.P.(C)No.30095/08, which was disposed of under Ext.P3 judgment, relegating the petitioner to the alternate remedy, as provided under the statute. Pursuant thereto, Ext.P4 appeal, along with all relevant documents therewith was prepared and forwarded on 25.10.2008 by registered post with acknowledgement due as evidenced by Exts.P5 and P6. When no action was taken on the appeal, the petitioner sought for reasons from the Public Information Officer, Revenue Department, who has, as per Ext.P8 informed the petitioner that the Commissioner for Land Revenue has W.P.(C).14826 of 2009 :: 2 :: been authorised to correspond with the petitioner in this regard. Thereafter by Ext.P9, the petitioner received information that Ext.P4 appeal has not been received in the office of the Commissioner for Land Revenue. Hence this writ petition seeking appropriate relief. 3. I heard learned Government Pleader also. 4. That the original of Ext.P4 appeal is forwarded to the Revenue Department is evidenced by Exts.P5 and P6. Assuming that the petitioner may not have sent the cover, which contained Ext.P4, to the Principal Secretary to the Department, since the appeal is addressed to the Commissioner for Land Revenue, the same should have been placed before the Commissioner. Be that as it may, if the petitioner produces all the documents, along with a copy of this judgment, before the Commissioner for Land Revenue, within three weeks from today, the 1st W.P.(C).14826 of 2009 :: 3 :: respondent shall treat the appeal as having been filed on 25.10.2008 and proceed to dispose of the same, after notice to the petitioner, within three weeks from the date of receipt of a copy of this judgment. 5. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge