A petitioner can pursue an appeal against an appealable order without needing to entertain a writ petition.

JUDGMENT

The above writ petition is filed with the following prayers:

“i) To call for the records relating to Ext.P8 order of the 1st respondent and to quash the same by issuing a Writ of Certiorari or any other appropriate writ;

ii) Issue a writ of Mandamus or any other appropriate Writ, direction or order directing the 1st respondent to consider and pass fresh orders on the Ext.P6 FORM-6 request of the petitioner in the interest of justice;

iii) Dispense with filing of the translation of vernacular documents.

iv) Grant such other reliefs as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case.”

(SIC)

2. The petitioner challenged Ext.P8 order in this writ petition. Ext.P8 is an order passed in a Form-6 application filed by the petitioner in accordance with the Kerala Conservation of Paddy Land and Wetland Act and Rules, 2008. Admittedly, it is an appealable order.

Therefore, I am not inclined to entertain this writ petition.

3. At this stage, the counsel appearing 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 file an appropriate appeal against Ext.P8 before the Addl. 6^th respondent, within a period of two weeks from the date of receipt of a certified copy of this judgment.

2. If such an appeal is received, the Addl. 6^th respondent will consider the same and pass appropriate orders in it, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the appeal.

3. If there is any delay in filing the appeal, the Addl. 6^th respondent will consider the delay condonation petition, if any, in the light of the principle laid down by this Court in Udayan Vasudevan v. The District Collector and Others (2025 SCC OnLine Ker 994).

4. The direction to include the property in the Data Bank shall be kept in abeyance, till the disposal of the appeal, on condition that the appeal is filed as directed above.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj