Timely consideration of statutory appeals under the Kerala Conservation of Paddy Land and Wetland Act is crucial for fair administration of justice.

JUDGMENT

This writ petition is filed with the following prayers:-

“i) Call for records leading to Ext P2 & P3.

ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1^st respondent to consider and pass orders on Exhibit P3 statutory appeal under Section 27 (B) of The Kerala Conservation of Paddy Land and Wetland Act 2008.

iii) To stay all further proceedings pursuant to Ext. P2 order of the 2^nd respondent pending consideration of Ext.P3 statutory appeal.

iv) To issue direction to the respondent No. 1 to 5 to take necessary step to stop the illegal filling up of land of the 6th respondent.

v) Issue such other appropriate writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case;

vi) Dispense with the production of English translation of the vernacular Exhibits produced in the Writ petition.” (SIC)

2. Admittedly, the 6^th respondent obtained an order as evident by Ext.P2 in Form 6 application. The petitioner challenged the same by filing Ext.P3 appeal before the 1^st respondent. The grievance of the petitioner is that the 1^st respondent is not considering the appeal. The petitioner also submitted that there may be a direction to keep in abeyance of Ext.P2 till the appeal is considered.

3. Heard the learned counsel for the petitioner and the learned Government Pleader. The manner in which this writ petition is going to be disposed of, I think no notice is necessary to the 6^th respondent. If the 6^th respondent is aggrieved by any of the directions issued by this Court, he is free to file a review petition.

4. Since the appeal is pending before the 1^st respondent, I think there can be direction to consider the same within a time frame. No interim order can be passed by this Court. When the appeal is pending before the 1^st respondent, the petitioner can file an appropriate application to stay the order also before the 1^st respondent. If such an application is filed, the 1^st respondent will consider that also with notice to the petitioner and the 6^th respondent. There can be a direction to dispose of the appeal finally within a time frame.

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

a) The 1^st respondent is directed to consider Ext.P3 appeal after giving sufficient opportunity of hearing to the petitioner and the 6^th respondent, as expeditiously as possible, at any rate, within three month from the date of receipt of a certified copy of this judgment.

b) If there is any delay in filing the appeal, the appellate authority will consider that application in the light of the principle laid down by this Court in Udayan Vasudevan v. District Collector, Trivandrum [2025 (2) KHC

103]

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

2783/2024 ]

EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AND OTHERS DATED 29.9.2025 BEFORE THE 1ST RESPONDENT ALONG WITH RECEIPT