IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16987 of 2009(P) -------------------------- PETITIONER: --------------- M.K.AJIKUMAR, AGED 39 YEARS, S/O.LATE MR.M.R.KRISHNAPILLAI, VILLAGE OFFICER (UNDER SUSPENSION), VADASSEYKARA, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA. 2. THE COMMISSIONER, LAND REVENUE, PUBLIC OFFICES COMPOUND, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 16987 of 2009 -P ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T The petitioner, who is presently working as Village Officer in Vadasserikara Village has filed this writ petition challenging Ext.P3 order dated 29.5.2009 passed by the District Collector, Pathanamthitta District under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, placing him under suspension. Ext.P3 discloses that the petitioner was placed under suspension on the allegation that he had forcibly taken money from the driver of a vehicle transporting river sand. Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules, confers on the petitioner the right to file an appeal from Ext.P3 order of suspension before the Land Revenue Commissioner. Rule 25 stipulates that the said appeal shall be presented within two months from the date on which the appellant received a copy of the order appealed against. Rule 31 of the Rules empowers that the appellate authority to consider whether in the light of the provisions of rule 10 and having regard the circumstances of the case the order of suspension is justified or not. The petitioner thus has an effective and meaningful alternate remedy wherein he can challenge the order passed by the District Collector placing him under suspension. Further the appellate authority W.P(C) No. 16987 of 2009 -P 2 has power to decide whether the order of suspension is justified or not. In the instant case, the order of suspension was passed on 29.5.2009. The period prescribed for filing the appeal has also not expired. I am therefore of the considered opinion that the petitioner should move the Land Revenue Commissioner by filing an appeal instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with the following directions: The petitioner shall within one month from today file an appeal addressed to the Land Revenue Commissioner through the District Collector, Pathanamthitta. The District Collector, Pathanamthitta shall within one week from the date on which the memorandum of appeal is received by him forward it to the Land Revenue Commissioner. The Land Revenue Commissioner shall within one month from the date of receipt of the appeal consider the same and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. The Land Revenue Commissioner shall while passing orders as directed above, have due regard to the findings in Ext.P2 report submitted by the Tahsildar, Ranni. The contentions of the petitioner on the merits are kept open. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//