IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33670 of 2009(C) -------------------------- PETITIONER: --------------- DEVAKI AMMA, W/O.LATE RAMAN NAIR, PARAKKAL PUTHENPURA, ELANGAVAMKARA, VARAPETTY VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.C.DILIP RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE ASSISTANT COLLECTOR, MUVATTUPUZHA. 4. THE TAHSILDAR, KOTHAMANGALAM. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33670 OF 2009 -------------------------- Dated this the 24th day of November, 2009 J U D G M E N T 63 cents of land in Sy. No.262/3 of Varappetty village, Kothamangalam Taluk, Ernakulam District, forming part of a larger area of 2.61 acres was assigned on registry to the petitioner’s husband late Raman Nair in the year 1970. The remaining area was assigned to five others. The assignments were later cancelled on the ground that a substantial portion of the land assigned is rocky area. Though the petitioner’s husband filed an appeal, the appeal was rejected. He thereupon filed a review petition before the Board of Revenue. By Ext.P1 order passed on 31.10.1984, the Board of Revenue while upholding the order canceling the assignment held that as portions of the land assigned to late Raman Nair and others is cultivable land, such lands should be separated and included in the list of assignable lands so that the claim of the Raman Nair and other assignees for reassignment of assignable lands can be considered in accordance with law. 2. Late Raman Nair thereupon submitted an application W.P.(C) No. 33670/09 2 even in the year 1989 itself seeking reassignment of the cultivable area of 30 cents. He died thereafter. When no orders were passed thereon, the petitioner filed Ext.P4 representation before the District Collector, Ernakulam, seeking assignment of the cultivable portion of the land to her. She thereafter filed W.P.(C) No. 9308 of 2009 in this Court. By Ext.P5 judgment delivered on 24.3.2009 this Court directed the District Collector, Ernakulam to consider Ext.P4 and take a decision thereon. As directed by this Court, the District Collector considered the petitioner’s request in Ext.P4 and passed Ext.P6 order dated 31.10.2009 rejecting the application for assignment. Ext.P6 is under challenge in this writ petition. 2. Under Rule 21 of the Kerala Land Assignment Rules an appeal lies from Ext.P6 to the Land Revenue Commissioner. The appeal has to be presented within 30 days from the date of receipt of a copy of the order appealed against. The appellate authority is also empowered to condone the delay, if sufficient cause is shown for not filing the appeal in time. Ext.P6 is dated 31.10.2009. As on today, the period of limitation for filing the appeal has not expired. Even if there is any delay in filing the W.P.(C) No. 33670/09 3 appeal, the petitioner can have the delay condoned if sufficient cause is shown for the same. In such circumstances, as the petitioner has an effective and meaningful alternate remedy by way of appeal, I am of the opinion that she should invoke the said remedy instead of seeking the intervention of this Court at this stage. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner’s contentions and reserving liberty with her to challenge Ext.P6 in appeal before the Land Revenue Commissioner. The Land Revenue Commissioner shall in the event of the petitioner filing an appeal, consider the same and pass orders thereon expeditiously. P.N.RAVINDRAN, JUDGE vps