IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 24124 of 2009(I) -------------------------- PETITIONER: ------------------ JOHNCY JOSEPH W/O.GEORGE JOSEPH, PONNIKOTTU HOUSE, KOCHUVELIKUNNU BHAGOM, MUTTAMBALAM KARA, KOTTAYAM (DEP.TAHSILDAR- PEERUMEDU, UNDER SUSPENSION) BY ADV. SRI.LIJI.J.VADAKEDOM SRI.D.KISHORE RESPONDENTS: --------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO THE REVENUE DEPARTAMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR - IDUKKI, COLLECTORATE, PAINAVU, IDUKKI. BY SENIOR GOVERNMENT PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - - W.P.(C). No24124 of 2009. - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2009 J U D G M E N T Heard Sri.Liji J Vadakedom, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner who was working as Deputy Tahsildar, Taluk Office, Peerumade in Idukki District, was placed under suspension by Ext.P2 order dated 29.4.2009 issued by the District Collector, Idukki on the ground that he was arrested in connection with a criminal case and remand to judicial custody. Aggrieved by the order of suspension, the petitioner has filed Ext.P3 representation dated 6.7.2009 before the Land Revenue Commissioner. In this writ petition, the petitioner seeks a direction to Land Revenue Commissioner to consider Ext.P3 representation W.P.(C). No24124 of 2009. 2 and pass orders thereon, within a time limit to be fixed by this Court. 3. Ext.P2 order of suspension was issued on 29.4.2009. Under Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 an appeal lies therefrom the next higher authority. Under Rule 25 of the said Rules, the period of the limitation prescribed for filing an appeal is two months from the date on which the order of suspension is served on the employee. Ext.P2 order was served on the petitioner on 30.4.2009. Therefore, the period of limitation prescribed for filing the appeal expired on 30.6.2009. Under the proviso to Rule 25, the Appellate authority is empowered to condone the delay in filing the appeal if sufficient cause is shown. Since the appellate authority has the power to condone the delay in filing the appeal, I am of the opinion that Ext.P3 representation dated 6.7.2009 has to be entertained as an appeal filed within time and disposed of on the merits. W.P.(C). No24124 of 2009. 3 I accordingly dispose of this writ petition with a direction to the Land Revenue Commissioner to consider Ext.P3 representation as an appeal filed within time and to pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment before the Land Revenue Commissioner. P.N. RAVINDRAN, JUDGE. app/-