IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24124 of 2009(I)
1. JOHNCY JOSEPH W/O.GEORGE JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA REP.BY THE SECRETARY TO
... Respondent
2. LAND REVENUE COMMISSIONER,
3. DISTRICT COLLECTOR - IDUKKI,
For Petitioner :SRI.LIJI.J.VADAKEDOM
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :24/08/2009
O R D E R
P.N. RAVINDRAN, J
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W.P.(C). No24124 of 2009.
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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.
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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.
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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/-