Petitioner's right to appeal under conservation rules affirmed, with appeal procedures outlined.

JUDGMENT

This writ petition is filed with following prayers:

i. To call for the records leading to Ext.P6 and Set aside the same, and issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd Respondents to obtaining images of the petitioners property from Kerala State Remote Sensing and Environment Centre (KSREC) and Follow the mandatory procedure to be followed as spelt out in Rule 4 F of the Conservation of Paddy and Wet Land Rule and reconsider the application in Form-6 of the Kerala Conservation of Paddy and Wet Land Rules , 2008 in respect of the land comprised in Exhibit P1 and remove the petitioners property from data bank.

ii. To declare that the Petitioner is entitled to get conversion of the nature of land as per the Kerala Conservation of Paddy and Wet Land Rules , 2008.

iii. to dispense with the production of translation of documents which is produced as Exhibit-P1 to P6 iv. To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. (SIC)

2. The impugned order in this case is Ext.P6, which is an order passed in a Form-6 application filed under the Kerala Conservation of Paddy Land and Wetland Rules, 2008.

3. Admittedly the petitioner has a right of appeal against Ext.P6. Therefore this writ petition need not be entertained. At this stage, the counsel for the petitioner submitted that the petitioner may be allowed to file an appeal and there may be a direction to consider the same within a time frame. I think that prayer can be allowed.

Therefore, this Writ Petition is disposed of in the following manner:

1. The petitioner is free to file an appeal against Ext.P6 with a delay condonation petition, within a period of three weeks from the date of receipt of a copy of this judgment.

2. If such an appeal is filed with a petition for delay condonation, the appellate authority will pass appropriate orders in the delay condonation petition, in the light of the principle laid down in Udayan Vasudevan v. District Collector, Trivandrum [2025 (2) KHC

103].

3. The appellate authority will consider and pass appropriate orders in the appeal, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date on which the delay is condoned.

4. Further proceedings based on Ext.P6 to include the petitioner’s property in the data bank shall be kept in abeyance till the appeal is considered.

sd/-