The court affirms the right to appeal against an order and allows for delay condonation in appropriate circumstances under established legal principles.

JUDGMENT

The above writ petition is filed with following prayers : i) "Issue a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P4 order of the 2nd respondent.

ii) Issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the 2nd respondent or the officer authorised under Section 2(XVA) of ‘ The Kerala Conservation of Paddy Land and Wet Land Act, 2008 ’ to re- consider Exhibit P3 Form 6 application filed by the petitioner, after calling forward the satellite maps and fresh reports, and also after hearing the petitioner, within a time frame fixed by this Hon’ble Court.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent Village Officer to give sufficient reports required under the Act and the Rules to the 2nd respondent or the officer authorised under Section 2(XVA) of the Act, without further delay.

iv) Issue a Writ of Mandamus or any other appropriate Writ, order or direction directing the 2nd respondent to declare that the petitioner’s property is not suitable for paddy cultivation and has to be removed from the data bank.

v) Dispense with the filing of the translation of vernacular documents produced along with this writ petition.

And vi) Issue such other Writs, directions or orders as this Hon’ble Court may feel just and necessary in the interest of Justice. .” [sic}

2. The impugned order in this case is Ext.P4.

Admittedly, it is an appealable order. The counsel for the petitioner submitted that there is delay in filing the appeal because Ext.P4 is an order passed on 11.05.2023. But, in the light of the principle laid down by this Court in Udayan Vasudevan v. District Collector Trivandrum [ 2025 (2) KHC 103 ], the delay can be condoned, if an appeal is filed. At this stage, the counsel for the petitioner submitted that the petitioner is ready to file an appeal. If that is the case, this writ petition can be disposed of.

Therefore, this writ petition is disposed of with the following directions :

1) The petitioner is free to file an appeal before the 1^st respondent against Ext.P4, with delay condonation petition, within two weeks from the date of receipt of a certified copy of this judgment.

2) If such an appeal is received, the 1^st respondent will first condone the delay in the light of the principle laid down by this Court in Udayan Vasudevan's case (supra) and thereafter, will consider the appeal, in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, after giving an opportunity of hearing to the petitioner.

Sd/-