A petitioner may appeal an administrative decision despite delay if justified, as determined by principles from prior case law.

JUDGMENT

The above writ petition is filed with the following prayers:

“i) Issue writ of Certiorari, order or direction, quashing Exhibit P7 by finding it as illegal.

ii) Direct the 1st respondent to reconsider and allow the application of the petitioner bearing file No. RDOTSR/2006/2022- DB of the Revenue Divisional Officer, Thrissur, at the earliest or within a time limit fixed by this Hon’ble Court.

iii) Grant such other reliefs as this Hon’ble Court may deem fit and proper by considering the facts and circumstances of the above case.

iv) Dispense with production of English translation of the documents.” (SIC)

2. The petitioner challenged Ext.P7 order in this writ petition. Ext.P7 is an order passed in a Form-6 application filed by the petitioner in accordance to Kerala Conservation of Paddy Land and Wetland Rules , 2008.

3. Admittedly, Ext.P7 is an appealable order.

The counsel for the petitioner submitted that, he came to know about Ext.P7 only when Ext.P6 notice is received. Ext.P7 order is dated 03.09.2022. Even then, the petitioner can file an appeal with a delay condonation petition. The delay petition can be considered by the appellate authority in the light of the principle laid down by this Court in Udayan Vasudevan v. The District Collector & Others (2025 SCC OnLine Ker 994).

4. At this stage, the counsel for the petitioner submitted that the petitioner is ready to file an appeal and there may be a direction to consider the same. I think, that prayer can be allowed.

Therefore, this Writ Petition is disposed of with the following directions:

1. The petitioner is free to challenge Ext.P7 by filing an appeal before the Addl. 4^th respondent along with a delay condonation petition, within a period of three weeks from the date of receipt of a certified copy of this judgment.

2. If such an appeal with a delay condonation petition is received, the delay condonation petition will be considered in the light of the principle laid down by this this Court in Udayan Vasudevan v. The District Collector & Others (2025 SCC OnLine Ker 994).

3. Based on the decision in the delay condonation petition, the appeal filed by the petitioner will be considered by the Addl. 4^th respondent, within a period of three months from the date on which the delay condonation petition is considered, after giving an opportunity of hearing to the petitioner.

4. If the property of the petitioner is not included in the Data Bank based on Ext.P7 order, the same shall be kept in abeyance till final orders are passed in the appeal.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj