Kerala High Court
Jacob vs Earnestine Antony Miranda on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WA NO. 620 OF 2024
AGAINST THE JUDGMENT DATED 05.02.2024 IN WP(C) NO.24588 OF 2019 OF
HIGH COURT OF KERALA
APPELLANT(S)/6TH RESPONDENT:
JACOB, AGED 60 YEARS,
S/O PIOUS MIRANDA; VARVILAKAM HOUSE,
MUDIAKOTTU, CHERUNNIYOOR, VARKALA,
TRIVANDRUM, (CORRECT ADDRESS: VARUVILLA VEEDU,
MUDIAKOTTU, CHERUNNIYOOR, VARKALA,
THIRUVANANTHPURAM), PIN - 695142.
BY ADVS.
R.RAJESH (VARKALA)
M.KIRANLAL
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
RESPONDENT(S)/PETITIONER AND RESPONDENT 1 TO 5:
1 EARNESTINE ANTONY MIRANDA, AGED 82 YEARS,
D/O. LATE MARGRET, THAIVILAKAM BUNGLOW,
MOONGOD P.O., OTTOOR DESOM, OTTOOR VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695144.
2 STATE OF KERALA, REPRESENTED BY SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT COLLECTOR
TRIVANDRUM DISTRICT, KUDAPPANAKUKUNNU,
THIRUVANANTHAPURAM, PIN - 695001.
4 THE REVENUE DIVISIONAL OFFICER,
O/O. REVENUE DIVISIONAL OFFICER,
1ST FLOOR, UDAPPANAKUKUNNU,
THIRUVANANTHAPURAM, PIN - 695001.
WA NO. 620 OF 2024
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5 THE TAHSILDAR, VARKALA TALUK,
COURT ROAD, VARKALA,
TRIVANDRUM, PIN - 695142.
6 THE VILLAGE OFFICER,
THE VILLAGE OFFICER,
CHERUNNIYOOR VILLAGE; CHERUNNIYOOR,
THIRUVANANTHAPURAM, PIN - 695142.
BY ADV.SRI.UNNIKRISHNA KAIMAL, SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 620 OF 2024
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JUDGMENT
Devan Ramachandran, J.
The appellant challenges the impugned judgment on various grounds; but concedes that he was not represented at the time when it was delivered.
2. In fact, from the judgment, we notice that the learned Single Judge was aware of the fact that the appellant was not appearing; and therefore, issued orders based on the submissions made at the Bar by the other two sides, particularly that of the learned Government Pleader.
3. We cannot find fault with the learned Single Judge in any manner whatsoever; though we are aware of the submissions of the learned counsel for the appellant - WA NO. 620 OF 2024 -4- SRi.Rajesh R., that his client's non- appearance before the Single Bench was because his learned counsel was unwell on that day.
4. Inevitably, therefore, it is for the petitioner to move an appropriate application before the learned Single Judge, including for Review of the judgment; but we cannot find any reason to interfere in an appellate remedy.
5. That said, we are cognizant that the learned Judge, who delivered the judgment in question, is sitting during vacation on 14.05.2024. We, therefore, further clarify that, until that date, further action based on the judgment will be deferred by the Authorities, though they will be at liberty to take it forward thereafter, depending upon WA NO. 620 OF 2024 -5- any order to be issued.
This Writ Appeal is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
EASWARAN S.
akv JUDGE
WA NO. 620 OF 2024
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APPENDIX OF WA 620/2024
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE JUDGMENT IN O.S.
NO. 472 OF 2014 DATED 03.11.2015 BY MUNSIFF COURT VARKALA ANNEXURE B A TRUE COPY OF THE SECTION 80 NOTICE ISSUED BY APPELLANT TO 3RD RESPONDENT AS ON 14.02.2017 ANNEXURE C A TRUE COPY OF PLAINT IN O.S. NO. 460 OF 2017 DATED 13.11.2017 BY MUNSIFF COURT VARKALA ANNEXURE D A TRUE COPY OF THE PROCEEDING FROM HIGH COURT WEBSITE IN WPC 24588 OF 2019