Chowara Beach Resort Pvt. Ltd vs State Of Kerala
2021 Latest Caselaw 4623 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                   WP(C).No.502 OF 2021(K)

PETITIONER:

              CHOWARA BEACH RESORT PVT. LTD,
              CHOWARA, KOTTUKAL VILLAGE, KOTTUKAL DESOM,
              NEYYATTINKARA TALUK, THIRUVANANTHAPURAM
              DISTRICT, REPRESENTED BY ITS DIRECTOR, GEORGE
              SEBASTIAN, S/O.E.M.DEVASYA, AGED 50 YEARS,
              EDASSERY HOUSE, BYPASS ROAD, VANNAPPURAM P.O.,
              THODUPUZHA TALUK, IDUKKI DISTRICT - 685 607.

              BY ADVS.
              SRI.V.G.ARUN (K/795/2004)
              SMT.V.JAYA RAGI
              SRI.R.HARIKRISHNAN (KAMBISSERIL)
              SRI.NEERAJ NARAYAN

RESPONDENTS:

     1        STATE OF KERALA,REPRESENTED BY DISTRICT
              COLLECTOR, THIRUVANANTHAPURAM, COLLECTORATE,
              KUDAPPANKKUNNU, THIRUVANANTHAPURAM- 695 043.

     2        REVENUE DIVISIONAL OFFICER
              THIRUVANANTHAPURAM, COLLECTORATE,
              KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 043.

     3        TAHASILDAR (LAND RECORDS),NEYYATTINKARA,
              TALUK OFFICE, NEYYATTINKARA - 695 121.

     4        VILLAGE OFFICER, KOTTUKAL VILLAGE OFFICE,
              KOTTUKAL, NEYYATTINKARA - 695 501.

              R BY SMT A.C.VIDHYA - GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 09.02.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
                                      -2-
WP(C).No.502 OF 2021(K)

                              JUDGMENT

The petitioner, which is a company incorporated under

the provisions of Companies Act, 1956, has filed this writ

petition under Article 226 of the Constitution of India, seeking

a writ of mandamus commanding the 2nd respondent Revenue

Divisional Officer to issue certified copy of the order

dismissing Ext.P3 appeal and the proceedings therein as

sought for in Ext.P9 application dated 31.12.2020 and also to

dispose of Ext.P9 application within a time limit to be fixed by

this Court.

2. On 08.01.2021, when this writ petition came up for

admission, this Court passed the following order;

"In paragraph 9 of the writ petition, it is averred that the officials of the petitioner appeared before the office of the 2nd respondent on 14.10.2019, but the case was not called at 10.30 am or at any time in the forenoon. Later, the petitioner realised that the case was called in the afternoon on 14.10.2019.

The document marked as Ext.P7 is the plaint in O.S.No.645 of 2020, which is one filed by the petitioner before the Munsiff Court, Neyyattinkara,

WP(C).No.502 OF 2021(K)

seeking declaration and consequential reliefs. In paragraph 24 of the plaint it is stated that even though a hearing was conducted on 14.10.2019, no further proceedings or order was passed thereunder and the appeal is still pending before the 2nd respondent."

3. On 11.01.2021, the learned counsel for the

petitioner clarified that the averment in paragraph 9 of the

writ petition is to the effect that though the officials of the

petitioner appeared before the 2nd respondent on 14.10.2019,

the appeal was not called at any time in the forenoon. The

hearing of the appeal, as stated in paragraph 24 of Ext.P7

plaint, was conducted in the afternoon, which was attended

only by the Revenue Officials. The learned Government

Pleader was directed to get instructions from the 2 nd

respondent.

4. On 20.01.2021, the learned Government Pleader

submitted that the petitioner is yet to be communicated with a

copy of the order passed on Ext.P3 statutory appeal and that,

the 3rd respondent Tahsildar (LR) shall communicate to the

petitioner a copy of the said order along with the proceedings,

WP(C).No.502 OF 2021(K)

within one week.

5. A memo has been filed by the learned counsel for

the petitioner producing therewith a copy of proceedings

dated 16.11.2019 issued by the Sub Collector,

Thiruvananthapuram along with the proceedings dated

24.02.2020 issued by the Sub Divisional Magistrate,

Thiruvananthapuram.

6. Heard the learned counsel for the petitioner and

also the learned Government Pleader appearing for the

respondents.

7. The relief sought for in this writ petition is one for

issuing certified copy of the order dismissing Ext.P3 appeal

and the proceedings therein, as sought for in Ext.P9

application within a time limit to be stipulated by this Court.

8. The petitioner has already been issued with

proceedings dated 16.11.2019 of the Sub Collector,

Thiruvananthapuram in Ext.P3 appeal and also the

proceedings dated 24.02.2020 issued by the Sub Divisional

Magistrate, Thiruvananthapuram.

WP(C).No.502 OF 2021(K)

9. The learned counsel for the petitioner would submit

that the petitioner proposes to challenge those orders in

appropriate proceedings.

10. In such circumstances, this writ petition is disposed

of by recording the fact that the petitioner has already been

issued with a copy of the aforesaid proceedings dated

16.11.2019 and 24.02.2020.

In case, the petitioner requires copy of the proceedings

sheet in Ext.P3 appeal, the petitioner has to file an application

for that purpose, invoking the provisions under the Right to

Information Act, 2005, after complying with the statutory

requirements. If any such application is received, the

concerned Public Information Officer shall consider the same,

in accordance with law.

Sd/-

ANIL K.NARENDRAN, JUDGE AV/09/02

WP(C).No.502 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF EXTRACT OF MINUTES DATED 25/08/2015 COPIED ON 23/01/2019.

EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED BY ADDITIONAL TAHASILDAR, NEYYATTINKARA DATED 31/08/2015 NUMBERED G4/10026(A)/2006(II).

EXHIBIT P3 THE TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE CHOWARA BEACH RESORT BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P4 THE TRUE COPY OF NOTICE DATED 26/09/2019 ISSUED BY THE REVENUE DIVISIONAL OFFICE, THIRUVANANTHAPURAM.

EXHIBIT P5 THE TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM ALONG WITH TYPE WRITTEN READABLE COPY OF THE SAME.

EXHIBIT P6 THE TRUE EXTRACT COPY OF THE TEXT MESSAGE SENT BY THE OFFICE OF THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P7 THE TRUE COPY OF THE PLAINT IN O.S.NO.645 OF 2020 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA.

EXHIBIT P8 THE TRUE COPY OF THE PLAINT IN O.S.NO.713 OF 2020 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA.

WP(C).No.502 OF 2021(K)

EXHIBIT P9 THE TRUE COPY OF REPRESENTATION DATED 31/12/2020 FILED BY THE GEORGE SEBASTIAN FOR AND ON BEHALF OF CHOWARA BEACH RESORT BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P10 THE ACKNOWLEDGMENT RECEIPT DATED 31/12/2020 ISSUED FROM THE OFFICE OF THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM.