The court affirmed that statutory appeals must be considered by relevant authorities within a reasonable time, ensuring compliance with legal procedures.

J U D G M E N T

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Dated this the 23rd day of November, 2022 The petitioner, who is owner of 5.46 Ares of property in Survey No.123/3-B3 of Kunnamangalam Village, Kozhikode Taluk in Kozhikode District, has filed this writ petition seeking to quash Ext.P4 order and to direct the 2nd respondent to consider and pass orders on Form-6 application filed by the petitioner afresh, strictly in accordance with the provisions of the Kerala Conservation of Paddy Land and Wetland (Amendment) Act after obtaining a report from the 6th respondent-KSREC.

2. The petitioner states that his land is described as paddy land in Revenue records. It was earlier included in Data Bank also. On an application made by the petitioner, the land was removed from the Data Bank.

3. As the petitioner wanted to use the land for other purposes, an application was made in Form-6 invoking Rule 12(1) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008. The application submitted by the petitioner stands rejected as per Ext.P4 order dated 05.07.2022 of the Revenue Divisional Officer.

4. The petitioner states that Ext.P4 is an appealable order and the petitioner has filed Ext.P6 appeal invoking Section 27B of the Kerala Conservation of Paddy Land and Wetland Act , 2008. The District Collector is bound to consider the same in accordance with law, contends the petitioner. 5. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that the petitioner has not put forth any tangible grounds to interfere with Ext.P4 order of the Revenue Divisional Officer. However, if the petitioner has preferred Ext.P6 appeal and the same is received, Ext.P6 being a statutory appeal, the same can be considered in accordance with law.

6. Heard.

7. The petitioner has preferred Ext.P6 appeal invoking Section 27B of the Kerala Conservation of Paddy Land and Wetland Act , 2008. Therefore, the competent appellate authority has a duty to consider the same in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 1st respondent-District Collector to consider Ext.P6 appeal filed by the petitioner if the same is received and supported by all requisite documents and take a decision thereon within a period of two months.

Sd/-

N. NAGARESH JUDGE sss APPENDIX OF WP(C) 30071/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED

25.6.2022.

EXHIBIT P2 TRUE COPY OF THE CORRIGENDUM NOTIFICATION DATED 16.1.2020.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT DATED 9.11.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE

1ST RESPONDENT DATED 5.7.2022 EXHIBIT P5 COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER.

EXHIBIT P6 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20.10.2022.