The main legal point established is that the matter should be considered and decided on its merits, subject to satisfaction of the relevant requirements, including payment of necessary court fees.

P.R. Ramachandra Menon, J.

The petitioner is stated as aggrieved of Ext.P1 order passed by the second respondent under the relevant provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The grievance of the petitioner is that, though the petitioner has preferred an appeal, as borne by Ext.P2 before the first respondent against Ext.P1, the same is still to be numbered and finalised, which made the petitioner to approach this Court by filing the present writ petition.

2. The learned Government Pleader appearing on behalf of the respondents submits with reference to the materials on record that, the idea and understanding of the petitioner is quite wrong and unfounded in all respects. The appeal, if at all any against Ext.P1 order passed by the second respondent, ought to have been filed under Section 9(6) of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 read with Rule 6 of the Kerala Conservation of Paddy Land and Wet Land Rules. But obviously, Ext.P2 appeal has been preferred by the petitioner under Rule 49 of the Kerala Minor Mineral Concession Rules, 1967, which is not proper and hence the appeal has not been numbered. The learned Government Pleader also points out that no proper stamps have been affixed by the petitioner in tune with the relevant rules and hence the matter was defective as well.

3. After hearing both the sides, this Court finds that Ext.P1 order dated 28.04.2012 was sought to be challenged by the petitioner by filing Ext.P2 appeal on 23.05.2012. The subject matter described in Ext.P2 appears to be in relation to the grievance referring to Ext.P1 order. This being the position, the wrong quoting of the provision cannot and shall not place any hurdle in causing the matter to be considered and decided on merits, subject to satisfaction of the relevant requirements, including payment of necessary court fees.

4. In the above circumstances, the petitioner is permitted to file a proper appeal before the first respondent and if any such appeal is filed within 'two weeks' from the date of receipt of a copy of this judgment, the same shall be caused to be considered by the first respondent and appropriate orders shall be passed in accordance with law, after giving an opportunity of hearing to the petitioner, at the earliest, at any rate within 'two months' thereafter.

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.

Writ petition is disposed of.