IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 W.P.(C).No. 26870 of 2007(W) -------------------------- PETITIONER: ------------ V.P.AJIT, S/O.V.P.CHATHUNNY (LATE), AGED 59 YEARS, PANIKKASSERIL HOUSE, ARAKULAM SOUTH, KODUNGALLUR. BY ADV. SMT.DAISY A. PHILIPOSE RESPONDENT: ------------- THE REVENUE DIVISIONAL OFFICER, THRISSUR. BY SRI. M.R. SABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26870/ 2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: A TRUE COPY OF THE SALE DEED NO. 250 OF 2003 DATED 28/01/2003 OF SUB REGISTRY OFFICE, IRINJALAKUDA. EXHIBIT P2: A TRUE COPY OF THE FORM FOR RELINQUISHMENT OF LAND DATED 16/12/2004. EXHIBIT P3: A TRUE COPY OF THE NOTICE DATED 3/01/2007. EXHIBIT P4: A TRUE COPY OF THE REPRESENTATION DATED 6/01/2007. EXHIBIT P5: A TRUE COPY OF THE JUDGMENT W.P.(C) NO. 28485 OF 2006 DATED 2/2/2007. EXHIBIT P6: A TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 25/06/2007. /TRUE COPY/ P.A. TO JUDGE scm S.SIRI JAGAN, J ================== W.P (C) .No.26870 of 2007 ================== Dated this the 9th day of July, 2008. J U D G M E N T The petitioner challenges condition Nos. 4 and 6 in Ext.P6 order passed by the Revenue Divisional Officer under the Kerala Land Utilisation Order, whereby petitioner was permitted to fill up lands in accordance with the conditions mentioned therein. The petitioner's contention is that one of the condition is in violation of the judgment of this Court in Ext.P5. I am of opinion that the petitioner has an effective remedy by way of appeal before the appellate authority as provided in the Kerala Land Utilisation Order. Therefore, without prejudice to the right of the petitioner to file an appeal against the conditions in Ext.P6 order this writ petition is disposed of with the following directions: If the petitioner files an appeal within two weeks from the date of receipt of a copy of this judgment, the appellate W.P (C) .No.26870 of 2007 - 2 - authority shall consider the appeal as one filed in time and dispose of the same on merits. The petitioner would be free to rely on Ext.P5 judgment or any other document in support of his case, which shall be considered by the appellate authority, if applicable. If the appeal is allowed the appellate authority shall consider the extension of time for filling up of the land as per the order to be passed. S.SIRI JAGAN, JUDGE rhs