The Kerala High Court has directed statutory appellate and revisional authorities to pass final orders within 30 days from the date of the conclusion of the hearing on appeals coming up before them.
Justice P.V. Kunhikrishnan made it clear that if there is a delay in passing final orders beyond one month, the order should reflect the reason for the delay. If no proper reason is mentioned and there is prejudice to the parties because of the delay, that itself is a reason to set aside that order.
Perils of delay
The court observed that delay is a weapon used by the powerful to defeat the weak. Justice is not only delayed but also denied when final orders are postponed indefinitely. Therefore, a delay in justice is a defeat for justice. If the delay is longer, prejudice to the parties is immeasurable. If this practice is continued, there will be far-reaching consequences and the faith of the public in the decision-making by the statutory authorities will be lost.
The court passed the order recently in a case relating to demand of royalty for removing laterite stones and sand from petitioner Mathew Philip’s property at Vaikkom. The Principal Secretary, Industries department, who is the appellate authority under the Kerala Minor Mineral Concession Rules, 2015, passed an order dismissing his appeal more than six months after the conclusion of the hearing.
‘Eroding credibility’
The court added that long delays can damage the public perception of authorities’ efficiency. Delayed orders can hinder the timely resolution of disputes causing undue hardships to those involved in the case. The authorities’ credibility may suffer if decisions are consistently delayed, eroding trust in the process.
The court also directed the Chief Secretary to issue orders on the directive of the court within one month and ensure that people are made aware of the time limit fixed by the court.
