✦ High Court of India · 07 Apr 2025

HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR v. MENON MONDAY, THE

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Bench
HARISANKAR V MENON
Length
1,406 words

SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

07.04.2025, ALONG WITH WP(C).21540/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.21312 and 21540 of 2023 3 2025:KER:30151 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 21540 OF 2023 PETITIONER: VENUGOPALAN, AGED 61 YEARS, S/O. GOPALAN NAIR, MUCHAMPARAMBIL PUTHENVEETTIL HOUSE, THRIKKANNAPURAM POST, THAVANUR, MALAPPURAM DISTRICT, PIN – 679573. BY ADVS. K.P.SUDHEER PARVATHY SRIKUMAR RESPONDENTS: 1 2 3 THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM, PIN – 676505. THE REVENUE DIVISIONAL OFFICER, TIRUR, REVENUE DIVISIONAL OFFICE,TIRUR, MALAPPURAM DISTRICT, PIN – 676101. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, IS IMPLEADED AS ADDL.R3 AS PER ORDER DTD.11.12.2023 IN IA 01/2023. WP(C) Nos.21312 and 21540 of 2023 4 2025:KER:30151 OTHER PRESENT BY ADV. SRI.E.G.GORDEN, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

07.04.2025, ALONG WITH WP(C).21312/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.21312 and 21540 of 2023 5 2025:KER:30151 JUDGMENT [WP(C) Nos.21312 and 21540 of 2023] The petitioner stated to be in ownership and possession of 44.51 Ares of property in survey No.447/3/2 of Thavanur Village filed an application in Form No.7, with reference to the change in use of the property before the RDO. The petitioner states that no orders were served, with reference to the disposal of the afore application, though as per Ext.P2 Judgment, this Court in February 2022, directed the consideration of the application. In reply to an application filed under the RTI Act, the petitioners was served with Ext.P4 letter informing the petitioner that Form NO.7 application is already disposed of, pursuant to the directions of this Court as per order dated 04.08.2022 and dispatched to the petitioner on 25.08.2022. The reply at Ext.P4 is stated to have been received by the petitioner only on 06.02.2023. He obtained the order issued as above, as evidenced by Ext.P5 and thereafter filled a further appeal under provisions of Section 27 B before the District Collector. In the appeal, the petitioner WP(C) Nos.21312 and 21540 of 2023 6 2025:KER:30151 states that he has specifically raised a contention to the effect that, the order at Ext.P5 was not served on 25.08.2022 as stated in Ext.P4 reply (ground No.4).

2. However, as per Ext.P9 order, the District Collector refused to consider the appeal filed essentially on the ground of delay, with reference to the date of Ext.P5 order - 04.08.2022.

3. It is in such circumstances that the captioned writ petition is filed by the petitioner.

4. I have heard Sri.K.P.Sudheer, the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader.

5. This Court notices that Ext.P9 order has been issued with reference to the date of Ext.P5 order and the date

25.08.2022, which is stated to be the date on which the order was send to the petitioner herein. However, this Court notices that, apart from stating that the order was dispatched as above, the communication at Ext.P4 is silent as to the actual communication of the order on the petitioner. If that be the case, there is no evidence regarding the service of the order WP(C) Nos.21312 and 21540 of 2023 7 2025:KER:30151 on the petitioner and the petitioner is justified in filing the appeal, with reference to the date of receipt of the certified copy of the Ext.P5 order. On the other hand, if there is evidence, with reference to the service of the order as stated in Ext.P4 with reference to the date of dispatch - 25.08.2022 – the findings in Ext.P9 cannot be faulted .

6. Even on the face of the afore, I notice that, ultimately if, there is a delay, the petitioner can maintain the appeal along with an application seeking condonation of delay. This is also not seen considered by the District Collector while issuing the impugned order at Ext.P9.

7. In the result, I am of the opinion that the impugned order at Ext.P9 is to be set aside. Resultantly, this writ petition would stand allowed by setting aside Ext.P9 and directing the District Collector to consider as to whether the order at Ext.P5 has been served on the petitioner with reference to the date of dispatch, as noticed in Ext.P4. If the order has not been so served, the appeal filed by the petitioner to be entertained on merits. On the other hand, if there is service of order, with reference to WP(C) Nos.21312 and 21540 of 2023 8 2025:KER:30151 the date 25.08.2022, the petitioner to be granted an opportunity to seek for condonation of delay by filing an appropriate application. The District Collector to pass appropriate orders, as expeditiously as possible, at any rate, within a period of four months from today. Sd/- HARISANKAR V. MENON JUDGE ANA WP(C) Nos.21312 and 21540 of 2023 9 2025:KER:30151 APPENDIX OF WP(C) 21540/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF PARTITION DEED DATED 25/02/2005 REGISTERED AS DOCUMENT NO. 925/2005 OF EDAPPAL SRO. TRUE COPY OF JUDGMENT DATED 22. 2.2022 IN WP(C) NO. 5909/2022 PASSED BY THIS HONOURABLE COURT. TRUE COPY OF APPLICATION DATED 12/12/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. TRUE COPY OF REPLY DATED 05/01/2023 AND THE POSTAL COVER IN WHICH THE SAID COMMUNICATION WAS FORWARDED TO THE PETITIONER. TRUE COPY OF ORDER NO. RDOTIR/ 603/2022- K1 DATED 04.08.2022 FURNISHED TO THE PETITIONER BY THE 2ND RESPONDENT TRUE COPY OF APPEAL DATED 10.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY OF E-CHALAN NO. KL000808931202324E DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO. 809416/23-B7 DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ORDER NO. 1/241614/2023 – DCMPM/ 4947/ 2023-B7 DATED 17.4.2023 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF REPORT DATED 18.2.2022 ALONG WITH LOCATION MAP ISSUED BY THE VILLAGE WP(C) Nos.21312 and 21540 of 2023 10 OFFICER, THAVANNUR VILLAGE. EXHIBIT P11 TRUE COPY OF REPORT NO. G2-409/22 DATED 04.04.2022 ISSUED BY THE TAHASILDAR (LR), PONNANI TO THE 2ND RESPONDENT. WP(C) Nos.21312 and 21540 of 2023 11 APPENDIX OF WP(C) 21312/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF SETTLEMENT DEED DATED 14.8.2008 REGISTERED AS DOC. NO. 4772/2008 OF EDAPPAL SRO. TRUE COPY OF JUDGMENT DATED 8.2.2022 IN WP(C) NO. 4132/2022 PASSED BY THIS HONOURABLE COURT. TRUE COPY OF APPLICATION DATED 12/12/2022 SUBMITTED BY THE PETITIONER’S HUSBAND TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. TRUE COPY OF REPLY DATED 05/01/2023 AND THE POSTAL COVER IN WHICH THE SAID COMMUNICATION WAS FORWARDED TO THE PETITIONER’S HUSBAND TRUE COPY OF ORDER NO. RDOTIR/ 871/2022- K1 DATED 04.08.2022 FURNISHED TO THE PETITIONER BY THE 2ND RESPONDENT. TRUE COPY OF APPEAL DATED 10.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY OF E-CHALAN NO. KL000810793202324E DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO. 809607/23-B7 DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT. TRUE COPY OF ORDER NO. 1/241602/2023 – DCMPM/ 4946/ 2023-B7 DATED 17.4.2023 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF REPORT DATED 18.2.2022 ALONG WITH LOCATION MAP ISSUED BY THE VILLAGE WP(C) Nos.21312 and 21540 of 2023 12 OFFICER, THAVANNUR VILLAGE. EXHIBIT P11 TRUE COPY OF REPORT NO. G2-410/22 DATED 04.04.2022 ISSUED BY THE TAHASILDAR (LR), PONNANI TO THE 2ND RESPONDENT

SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

07.04.2025, ALONG WITH WP(C).21540/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.21312 and 21540 of 2023 3 2025:KER:30151 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 21540 OF 2023 PETITIONER: VENUGOPALAN, AGED 61 YEARS, S/O. GOPALAN NAIR, MUCHAMPARAMBIL PUTHENVEETTIL HOUSE, THRIKKANNAPURAM POST, THAVANUR, MALAPPURAM DISTRICT, PIN – 679573. BY ADVS. K.P.SUDHEER PARVATHY SRIKUMAR RESPONDENTS: 1 2 3 THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM, PIN – 676505. THE REVENUE DIVISIONAL OFFICER, TIRUR, REVENUE DIVISIONAL OFFICE,TIRUR, MALAPPURAM DISTRICT, PIN – 676101. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM, IS IMPLEADED AS ADDL.R3 AS PER ORDER DTD.11.12.2023 IN IA 01/2023. WP(C) Nos.21312 and 21540 of 2023 4 2025:KER:30151 OTHER PRESENT BY ADV. SRI.E.G.GORDEN, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

07.04.2025, ALONG WITH WP(C).21312/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.21312 and 21540 of 2023 5 2025:KER:30151 JUDGMENT [WP(C) Nos.21312 and 21540 of 2023] The petitioner stated to be in ownership and possession of 44.51 Ares of property in survey No.447/3/2 of Thavanur Village filed an application in Form No.7, with reference to the change in use of the property before the RDO. The petitioner states that no orders were served, with reference to the disposal of the afore application, though as per Ext.P2 Judgment, this Court in February 2022, directed the consideration of the application. In reply to an application filed under the RTI Act, the petitioners was served with Ext.P4 letter informing the petitioner that Form NO.7 application is already disposed of, pursuant to the directions of this Court as per order dated 04.08.2022 and dispatched to the petitioner on 25.08.2022. The reply at Ext.P4 is stated to have been received by the petitioner only on 06.02.2023. He obtained the order issued as above, as evidenced by Ext.P5 and thereafter filled a further appeal under provisions of Section 27 B before the District Collector. In the appeal, the petitioner WP(C) Nos.21312 and 21540 of 2023 6 2025:KER:30151 states that he has specifically raised a contention to the effect that, the order at Ext.P5 was not served on 25.08.2022 as stated in Ext.P4 reply (ground No.4).

2. However, as per Ext.P9 order, the District Collector refused to consider the appeal filed essentially on the ground of delay, with reference to the date of Ext.P5 order - 04.08.2022.

3. It is in such circumstances that the captioned writ petition is filed by the petitioner.

4. I have heard Sri.K.P.Sudheer, the learned counsel for the petitioner and Sri.E.G.Gorden, the learned Senior Government Pleader.

5. This Court notices that Ext.P9 order has been issued with reference to the date of Ext.P5 order and the date

25.08.2022, which is stated to be the date on which the order was send to the petitioner herein. However, this Court notices that, apart from stating that the order was dispatched as above, the communication at Ext.P4 is silent as to the actual communication of the order on the petitioner. If that be the case, there is no evidence regarding the service of the order WP(C) Nos.21312 and 21540 of 2023 7 2025:KER:30151 on the petitioner and the petitioner is justified in filing the appeal, with reference to the date of receipt of the certified copy of the Ext.P5 order. On the other hand, if there is evidence, with reference to the service of the order as stated in Ext.P4 with reference to the date of dispatch - 25.08.2022 – the findings in Ext.P9 cannot be faulted .

6. Even on the face of the afore, I notice that, ultimately if, there is a delay, the petitioner can maintain the appeal along with an application seeking condonation of delay. This is also not seen considered by the District Collector while issuing the impugned order at Ext.P9.

7. In the result, I am of the opinion that the impugned order at Ext.P9 is to be set aside. Resultantly, this writ petition would stand allowed by setting aside Ext.P9 and directing the District Collector to consider as to whether the order at Ext.P5 has been served on the petitioner with reference to the date of dispatch, as noticed in Ext.P4. If the order has not been so served, the appeal filed by the petitioner to be entertained on merits. On the other hand, if there is service of order, with reference to WP(C) Nos.21312 and 21540 of 2023 8 2025:KER:30151 the date 25.08.2022, the petitioner to be granted an opportunity to seek for condonation of delay by filing an appropriate application. The District Collector to pass appropriate orders, as expeditiously as possible, at any rate, within a period of four months from today. Sd/- HARISANKAR V. MENON JUDGE ANA WP(C) Nos.21312 and 21540 of 2023 9 2025:KER:30151 APPENDIX OF WP(C) 21540/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF PARTITION DEED DATED 25/02/2005 REGISTERED AS DOCUMENT NO. 925/2005 OF EDAPPAL SRO. TRUE COPY OF JUDGMENT DATED 22. 2.2022 IN WP(C) NO. 5909/2022 PASSED BY THIS HONOURABLE COURT. TRUE COPY OF APPLICATION DATED 12/12/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. TRUE COPY OF REPLY DATED 05/01/2023 AND THE POSTAL COVER IN WHICH THE SAID COMMUNICATION WAS FORWARDED TO THE PETITIONER. TRUE COPY OF ORDER NO. RDOTIR/ 603/2022- K1 DATED 04.08.2022 FURNISHED TO THE PETITIONER BY THE 2ND RESPONDENT TRUE COPY OF APPEAL DATED 10.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY OF E-CHALAN NO. KL000808931202324E DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO. 809416/23-B7 DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ORDER NO. 1/241614/2023 – DCMPM/ 4947/ 2023-B7 DATED 17.4.2023 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF REPORT DATED 18.2.2022 ALONG WITH LOCATION MAP ISSUED BY THE VILLAGE WP(C) Nos.21312 and 21540 of 2023 10 OFFICER, THAVANNUR VILLAGE. EXHIBIT P11 TRUE COPY OF REPORT NO. G2-409/22 DATED 04.04.2022 ISSUED BY THE TAHASILDAR (LR), PONNANI TO THE 2ND RESPONDENT. WP(C) Nos.21312 and 21540 of 2023 11 APPENDIX OF WP(C) 21312/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF SETTLEMENT DEED DATED 14.8.2008 REGISTERED AS DOC. NO. 4772/2008 OF EDAPPAL SRO. TRUE COPY OF JUDGMENT DATED 8.2.2022 IN WP(C) NO. 4132/2022 PASSED BY THIS HONOURABLE COURT. TRUE COPY OF APPLICATION DATED 12/12/2022 SUBMITTED BY THE PETITIONER’S HUSBAND TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. TRUE COPY OF REPLY DATED 05/01/2023 AND THE POSTAL COVER IN WHICH THE SAID COMMUNICATION WAS FORWARDED TO THE PETITIONER’S HUSBAND TRUE COPY OF ORDER NO. RDOTIR/ 871/2022- K1 DATED 04.08.2022 FURNISHED TO THE PETITIONER BY THE 2ND RESPONDENT. TRUE COPY OF APPEAL DATED 10.4.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY OF E-CHALAN NO. KL000810793202324E DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TRUE COPY OF ACKNOWLEDGMENT RECEIPT NO. 809607/23-B7 DATED 10.4.2023 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT. TRUE COPY OF ORDER NO. 1/241602/2023 – DCMPM/ 4946/ 2023-B7 DATED 17.4.2023 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF REPORT DATED 18.2.2022 ALONG WITH LOCATION MAP ISSUED BY THE VILLAGE WP(C) Nos.21312 and 21540 of 2023 12 OFFICER, THAVANNUR VILLAGE. EXHIBIT P11 TRUE COPY OF REPORT NO. G2-410/22 DATED 04.04.2022 ISSUED BY THE TAHASILDAR (LR), PONNANI TO THE 2ND RESPONDENT

Find similar cases Start drafting free
This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments