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2026 Supreme(Online)(Ker) 13317

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K. V. JAYAKUMAR, JJ
VEERANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 1898 OF 2026



Advocates:
For the Appellants/Petitioners: Smt. Christabel D Avravu, Shri. Rahib K.Y, Shri. Safal Valiyaveedan, Shri. Aslam K.K, Shri. Ajmal Khan C.P
For the Respondents: Shri. K.P. Harish, ADV. S Rajmohan, Sr. GP., ADV. R Rajpradeep, SC for Pazhayannur Grama Panchayath, ADV. K P Sudheer, SC for CDB

Judicial mandates for timely resolution of administrative appeals enhance transparency and safeguard petitioners' rights.

Headnote:The petitioner filed a writ petition under Section 18(5) of the Kerala Land Conservancy Act, 1957 due to delay in processing an appeal concerning an unauthorized structure on public land. The court directed the first respondent to hear the appeal and issue notices to the relevant parties within two months. The primary issue revolved around the delay of the state government in addressing the appeal, leading to a violation of the petitioner's rights. The court mandated expedited resolution of the matter, affirming the necessity for timely adjudication in administrative appeals. The Writ Petition is disposed of.

Table of Content
1. delay on hearing appeal regarding unauthorized structure. (Para 1)
2. arguments presented by petitioner's counsel. (Para 2)
3. government’s commitment to address appeal promptly. (Para 3)
4. court's directive for expedited handling of appeal. (Para 4)

Raja Vijayaraghavan V., J.

The petitioner has approached this Court being aggrieved by the delay on the part of the 1st respondent in taking a hearing and disposing of Ext.P1 appeal filed by the 10th respondent under 18(5) of the Kerala Land Conservancy ACt, 1957 (“the Act” for the sake of brevity). According to the petitioner, an unauthorized structure was erected on public land and PWD road and the same has been found to be illegal by the RDO, the District Collector and the Land Revenue Commissioner. The orders were issued directing the removal of the encroachment. The petitioner asserts that by invoking 18(5) of the Act, the Board has preferred an appeal before the Government. The grievance is that though the appeal is pending consideration from 29/07/2025, not even a notice has been issued to the petitioner. It is in the afore circumstances, this writ petition is filed seeking the following reliefs:

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take up, hear, and dispose of Exhibit P1 filed by the 10th respondent, Cochin Devaswom Board under Section 18 (5) of the Kerala Land Conservancy Act , 1957, numbered as L3/211/2025/Rev. Within a short time frame to be fixed by this Hon’ble Court;

(ii) Direct the 1st respondent to issue notice to the petitioner forthwith as a necessary party and afford him opportunity of hearing”

2. Heard, Sri. Christabel D Avravu, the learned counsel appearing for the petitioner, Sri. K.P. Sudheer, the learned Standing Counsel appearing for the Cochin Devaswom Board and the learned Government Pleader.

3. The learned Government Pleader, on instructions, submits that orders shall be passed on appeal, at any rate, within a period of 60 days from today.

4. Having regard to the facts and circumstances, there will be a direction to the 1st respondent to take up appeal numbered as L3/211/2025/Rev. preferred under 18(5) of the KLC Act by the 10th respondent and pass orders with due notice to the affected parties, expeditiously in any event not later than two months from today.

The Writ Petition is disposed of.

Sd/-

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