IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WA.No. 780 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.5496/2009 Dated 19/02/2009 .................... APPELLANT/PETITIONER ------------------------------------ K.BALAPPA, S/O.LATE SHANKARA, 7 YEARS, KUNTANGARADKA, KOIPADY VILLAGE, POST KUMBLA, KASARAGOD. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. RAMESH POOJARI, S/O.ELIYANNA POOJARY. 2. SAJEETH, S/O.LATE SAROJINI. 3. SHOBITH, S/O.LATE SAROJINI, 1 TO 3 ARE RESIDING AT KUNTANGARADKA, KOIPADY VILLAGE, KASARAGOD TALUK, POST KUMBLA. 4. REVENUE DIVISIONAL OFFICER, KASARAGOD, KANHANGAD. 5. COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-695 033. 6. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R4 TO R6 BY SR.GOVERNMENT PLEADER SMT.K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A No. 780 of 2009 ------------------------------------------ Dated, this the 6th day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the petitioner in the writ petition. He aggrieved since his revision before the Commissioner of Land Revenue was rejected on the ground of limitation. The issue pertains to the request made by the petitioner for assignment. We find that under Rule 21(9) of the Kerala Land assignment Rules, the petitioner has an effective remedy before the Government. 2. In the above circumstances, we dispose of the writ appeal as follows: The judgment of the learned Single Judge is set aside. In the event of the appellant/petitioner approaching the Government by way of revision within a period of one month from today, the matter will be considered by the Government on merits with notice to the appellant/petitioner and other affected parties within a period of three months thereafter. We make it clear that W.A. No.780 of 2009 - 2 - we have not expressed any opinion on the merits of the case and all the contentions raised by the parties are left open. The appellant will furnish a copy of the judgment and appeal memorandum to the Government along with the revision petition. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns