IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 RP.No. 276 of 2009(P) ------------------------- THE JUDGEMENT IN WPC.21779/2003 .................... REVIEW PETITIONER/PETITIONER: ------------------------------------- T.R. MOHANAKUMAR, DEPUTY SECRETARY (ADMINISTRATION) RUBBER RESEARCH INSTITUTE OF INDIA, RUBBER BOARD, KOTTAYAM - 686 009. BY ADV. SRI.T.R.MOHANAKUMAR(PETITIONER IN PERSON SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ RESPONDENTS/RESPONDENTS; ----------------------------------- 1. RUBBER BOARD, REP. BY ITS CHAIRMAN, COLLECTORATE.P.O, KOTTAYAM - 686 002. 2. SRI.K.J. MATHEW, FORMER CHAIRMAN, RUBBER BOARD, PRINCIPAL SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.JOSEPH KODIANTHARA FOR R1 SRI.TERRY V.JAMES FOR R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & Thomas P. Joseph, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 276 of 2009 in WP(C).No. 21779 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. Order Basheer, J: This review petition is directed against the judgment in W.P No.21779 of 2003. The above writ petition was disposed of along with two other writ petitions through a common judgment dated September 5, 2008. 2. It is contended by the petitioner that the Division Bench had declined to grant any relief to the petitioner primarily on the ground that he has not exhausted the statutory remedy of appeal available to him. Learned counsel has made a persuasive plea before us to look into various other aspects also in this connection. But ultimately he confines his contentions to the plea of giving him an opportunity to approach the appellate authority provided under the Rubber Board Service (Classification, Control and Appeal) Rules, 1961. 3. We have heard Sri.Joseph Kodianthara, learned standing counsel for the Rubber Board also. 4. Having regard to the peculiar facts and circumstances of the case, we are satisfied that the review petitioner can be granted an opportunity to pursue the statutory remedy available to him. If RP.276/2009. : 2 : the petitioner prefers an appeal within one month from today, the appellate authority shall consider the same ignoring the delay, and pass appropriate orders thereon in accordance with law, untrammelled by any of the observations made in the common judgment. Needless to mention that the appellate authority shall afford sufficient opportunity of hearing to the petitioner before disposing of the appeal. Review Petition is disposed of in the above terms. A.K. Basheer Judge Thomas P. Joseph an. Judge