High Court Kerala High Court

Thazhzthuveettil vs The Chairman on 30 June, 2008

Kerala High Court
Thazhzthuveettil vs The Chairman on 30 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15815 of 2008(G)


1. THAZHZTHUVEETTIL
                      ...  Petitioner

                        Vs



1. THE CHAIRMAN, CHUZHALI DEVASWOM
                       ...       Respondent

                For Petitioner  :SRI.O.V.MANIPRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/06/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.

                      -------------------------------

                      W.P.(C) No.15815 of 2008

                      -------------------------------

                     Dated this the 30th June, 2008.

                             J U D G M E N T

This petition is filed under Article 227 of the Constitution

of India to quash the order passed by Appellate Authority (Land

Reforms), Kannur, dismissing the application filed under Section 5 of

the Limitation Act, to condone the delay in filing the appeal.

Consequent to the order, appeal was also dismissed. As settled by the

Apex Court, though the impugned order is passed in the application to

condone the delay in filing the appeal, consequent to that order,

appeal was dismissed as barred by time. Therefore, nevertheless, it is

an order of dismissal of the appeal. Remedy of the petitioner is to file

a revision, as provided under Kerala Land Reforms Act. The writ

petition is dismissed with liberty to the petitioner to file a revision.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.