IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30454 of 2008(A) ---------------------------------------- PETITIONER: -------------------- S.RADHAKRISHNAN, JUNIOR SUPERINTENDENT, DIRECTORATE OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHEER RESPONDENTS: ------------------------- 1. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30454 of 2008 ------------------------------- Dated this the 16th October, 2008. J U D G M E N T The petitioner is presently working as Junior Superintendent in the Directorate of Survey & Land Records. By Ext.P7 order passed on 5.7.2008, the disciplinary authority, viz., the District Collector, Thiruvananthapuram, imposed on the petitioner the punishment of withholding promotion for a period of three years. The petitioner has, challenging Ext.P7 order, filed Ext.P9 appeal before the Land Revenue Commissioner under Rule 23 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, hereinafter referred to as 'the Rules' for short. The appeal was submitted before the Director of Survey and Ext.P8 discloses that it was forwarded by the Director of Survey to the Commissioner of Land Revenue on 22.8.2008. Rule 25 of the Rules stipulates that an appeal from an order of suspension or from an order imposing punishment shall be filed within two months. In the instant case, the order was passed on W.P.(C) No.30454 of 2008 2 5.7.2008 and the appeal was presented on 22.8.2008. The appeal is therefore one filed within time. In such circumstances, I dispose of this Writ Petition with a direction to the Land Revenue Commissioner, the first respondent in the writ petition, to consider Ext.P9 appeal and take a decision thereon, after affording the petitioner an opportunity of being heard. This shall be done within a period of three months from the date on which petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.