IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 15064 of 2008(R) -------------------------- PETITIONERS: ------------ 1. JIJI SCARIA, VELLOOKUNNEL, SURYANELLI P.O.,IDUKKI. 2. ANITHA JIJI, W/O.JIJI SCARIA, VELLOOKUNNEL, SURYANELLI P.O.,IDUKKI. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE DEPUTY COLLECTOR, DEVIKULAM. 4. THE TAHSILDAR, UDUMBANCHOLA. 5. JOY THOMAS, S/O.THOMAS, THAZHEMANNIL, KANAKAPPALAM, ERUMELI P.O.. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 15064 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd May, 2008. J U D G M E N T Petitioners challenge Ext. P20 order of the 4th respondent by which the assignment of land in favour of the predecessor of the petitioners has been cancelled, as a result of which the petitioners have become liable to vacate the property. When it was pointed out to the petitioners' counsel that against Ext. P20, the Land Assignment Act provides for an appeal, counsel for the petitioners submits that, that remedy is illusory in so far as the appeal has to be filed before the higher authorities and Ext. P20 has been passed on the basis of the directions of the Collector as is evident from Ext. P20, who is the higher authority. 2. I am of opinion that a right of appeal of a person cannot be a futile exercise. Therefore, the petitioners should have a right to challenge Ext. P20 before a higher authority. The next higher authority to the Collector in this case is the Commissioner, Land Revenue. Therefore, if the petitioners file an appeal/revision before the Commissioner, Land Revenue, the same shall be considered as an appeal under the Act and decided on merits passing appropriate orders thereon. The petitioners seek stay of further proceedings pursuant to Ext. P20 in the meanwhile. Learned Government Pleader points out that if the petitioners are filing appeal or revision before the Commissioner, they can also seek stay of further proceedings pursuant to Ext. P20. In the above circumstances, this writ petition is disposed of with liberty to the petitioners to move an appeal or revision before the Commissioner, Land Revenue and seek stay of further proceedings W.P.C. No. 15064/08 -: 2 :- pursuant to Ext. P20, which shall be considered by the Commissioner, Land Revenue as directed above. To enable the petitioners to obtain orders in that regard, further proceedings pursuant to Ext. P20 shall be kept in abeyance for three weeks. I make it clear that I have not considered the matter on merits. S. Siri Jagan, Judge. Tds/