IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6104 of 2009(G) ------------------------- PETITIONER(S): --------------- ROBIN VARGHESE S/O. VARGHESE, PUTHUVA HOUSE, OORAKKADU KARA, KIZHAKKAMBALAM VILLAGE. BY ADV. SRI.S.SREEKUMAR SRI.P.PRIJITH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. TAHSILDAR KUNNATHUNAD TALUK. BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 6104 OF 2009 G ```````````````````````````````````````````````````` Dated this the 27th day of February, 2009 J U D G M E N T Apparently, aggrieved by Ext.P4 order passed by the Revenue Divisional Officer in appeal against Ext.P3 order of the Tahsildar, petitioner preferred Ext.P5 styling it an appeal before the District Collector. It is purportedly maintainable under section 16 of the Land Conservancy Act. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. The prayer is to direct the 1st respondent to dispose of Ext.P5 appeal and to keep all further proceedings in pursuance of Exts.P3 and P4 in abeyance. Learned Government Pleader points out that the appeal does not lie against Ext.P4 order of the RDO. I notice that a learned Single Judge of this court in 1977 KLT SN 77 has taken the view that a revision will lie before the District Collector against an order passed in appeal by the RDO. Learned counsel for the petitioner would point out that it is styled as an appeal but it can be ordered to be treated as a revision. Learned WPC.6104/09 : 2 : Government Pleader points out that section 17 provides for the time limit of 30 days for preferring appeal or revision. But, no doubt, there is provision for condonation of delay. Learned counsel for the petitioner submits that the petitioner will file application for condonation of delay. 4. In such circumstances, writ petition is disposed of as follows. If the petitioner files application for condonation of delay within one week from today, a decision will be taken thereon by the 1st respondent within one month from the date of filing of such application. In order to facilitate the petitioner to pursue the matter, it is ordered that recovery steps will be kept in abeyance for three months on condition that the petitioner remits Rs.20,000/- (Rupees twenty thousand only) within three weeks from today. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE