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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


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

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 L

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