A petitioner can approach a District Court for appeal against confiscation orders under the Kerala Conservation of Paddy Land and Wet Land Act if filed within the prescribed time frame.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. Call for records leading to Ext.P3 and Ext. P6 and issue a writ in the nature of certiorari quashing Ext.P3 and Ext. P6.

ii. Issue a writ in the nature of mandamus commanding the respondents to give custody of the JCB excavator having registration No.KL.13-AA-7729 taken to custody as per Ext.P3 to the petitioner within such time as may be fixed by this Hon’ble Court.

iii. To declare that the confiscation proceedings of the respondents under section 3 of the Paddy Land and Wet Land Act 2008 and following Ext. P6 order passed by the 1^st respondent under Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 are ultravires and unsustainable in law since the land in Re Sy No. 51/110 situated in Chembilode Grama Panchayat has not been included in the Ext. P5 Data Bank.

iv. Award cost of this proceedings to the petitioner."

[SIC]

2. Petitioner is aggrieved by Ext.P6 order passed in accordance with Section 20 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short Act 2008), by which a vehicle is confiscated. Admittedly, an appeal is maintainable against the same as per Section 21 of the Act 2008. Ext.P6 impugned order was passed on 12.03.2025, and the petitioner approached this Court on 27.03.2025. That means the petitioner approached this court within the time prescribed under Section 21 of the Act 2008. In the light of the principle laid down by this Court in Suresh K. v. Municipal Corporation of Kollam [2026 (1) KHC 406] , I think the petitioner can be allowed to file an appeal against Ext.P6 before the jurisdictional District Court, and if such an appeal is filed, the District Court will consider the same in accordance with law, because the petitioner approached this Court with the writ petition, within the time prescribed under Section 21 of the Act 2008.

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

1. Petitioner is free to approach the jurisdictional District Court by filing an appeal against Ext.P6, within three weeks from the date of receipt of a certified copy of the judgment.

2. If such an appeal is filed, the jurisdictional District Court will consider the same and pass appropriate orders in accordance with law on merit, after giving sufficient opportunity of hearing to the petitioner.

3. All the contentions raised by the petitioner in this writ petition are left open.

Sd/-