IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14687 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- RAPHY JOHN, S/O. P.P.JOHN, PUDURSSERYPADI HOUSE, THRIKKOOR DESOM, MUKUNDAPURAM TALUK. BY ADV. MR.T.GOPALAKRISHNAN RESPONDENT(S): ------------------------- 1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. R1 & R2 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.14687 of 2009 -------------------------- Dated this the 28th May,2009 J U D G M E N T Challenging Exhibit-P5 order passed by the District Collector declining permission sought for by the petitioner for relaxation of the conditions imposed in the order of assignment issued under the Kerala Land Assignment Rules, petitioner has filed Exhibit-P6 appeal before the Land Revenue Commissioner along with an application for condonation of delay in preferring the appeal. Appeal has been rejected as time barred under Exhibit-P7 without considering the application for condonation of delay. In these circumstances, the order rejecting the appeal as time barred is unsustainable. 2. I heard learned Government Pleader also. 3. Since the delay is only 24 days in filing the appeal which has to be filed normally within 30 days, I am of the view that appeal should be considered on merits. W.P ( C) No.14687 of 2009 2 4. In the result, Exhibit-P7 is set aside and the 1st respondent is directed to receive Exhibit-P6 appeal on file and proceed to dispose of the same on merits, within a period of six months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 1st respondent, for compliance. (V.GIRI,JUDGE) ma W.P ( C) No.14687 of 2009 3 W.P ( C) No.14687 of 2009 4