IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 31019 of 2009(V) -------------------------- PETITIONER(S): --------------- P.CHANDRAN, S/O.PONNU KOLLUPARAMBIL PALIYODE HOUSE, VERKOLI PO POLPULLY, PAI AKKAD DISTRIC. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE REVENUE DIVISIONAL OFFICER, PALAKKAD 3. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31019 OF 2009 -------------------------- Dated this the 2nd day of November, 2009 J U D G M E N T The petitioner is the owner of 0.7250 hectares of land situated in Re-survey No.482/3 of Polpully Village in Palakkad Taluk. On an anonymous complaint, proceedings were initiated against the petitioner by the Revenue Divisional Officer, Palakkad that culminated in Ext.P4 order dated 22.9.2009 issued under Clause 7 of the Kerala Land Utilization Order, 1967. By the said order, the Revenue Divisional Officer directed the petitioner to cultivate his lands with paddy. Aggrieved thereby, the petitioner has filed Ext.P5 appeal before the Land Revenue Commissioner. Ext.P6 discloses that the appeal was received in the office of the Land Revenue Commissioner on 5.10.2009. The period of limitation prescribed for filing an appeal is 30 days from the date of service of a copy of the order appealed against. Since Ext.P4 order was passed on 22.9.2009, the appeal filed on 5.10.2009 is one filed in time. In this writ petition, the petitioner challenges Ext.P4. In the alternative, seeks a direction to the Land Revenue Commissioner to consider W.P.(C) No. 31019/09 2 Ext.P5 appeal and pass orders thereon expeditiously. 2. Clause 11 of the Kerala Land Utilisation Order confers on the petitioner the right to file an appeal challenging Ext.P4. As the petitioner has filed an appeal under clause 11 thereof, this Court cannot go into the validity of Ext.P4 at this stage. However, as the petitioner has invoked the appellate remedy available to him under clause 11 of the Kerala Land Utilisation Order, I am of the opinion that the said remedy should not be rendered illusory and meaningless by keeping the appeal pending and at the same time compelling the petitioner to comply with Ext.P4. In such circumstances, I dispose of this writ petition with a direction to the Land Revenue Commissioner to consider Ext.P5 appeal and pass orders thereon after notice to and affording the petitioner a reasonable opportunity of being heard, expeditiously and in any event within three months from the date of receipt of a copy of this judgment. Till such time, as orders are passed on Ext.P5 and for a period two weeks thereafter, the operation of Ext.P4 shall be kept in abeyance. The Land Revenue Commissioner shall after orders are passed as directed above, communicate a copy thereof to W.P.(C) No. 31019/09 3 the petitioner. The contentions of the petitioner on merits are kept open. It will be open to him to put forward all his contentions in the form of a written representation which he may file along with a certified copy of this judgment before the Land Revenue Commissioner. P.N.RAVINDRAN, JUDGE vps