Kerala High Court
Susan David (Susan Babu) vs State Of Kerala on 4 June, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
W.P.(C)Nos.27433/2012 & 4641/2013 1
2025:KER:39279
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 27433 OF 2012
PETITIONER:
R.SREEDHARAN NAIR
AGED 62 YEARS
MANAGING DIRECTOR, MALLELIL INDUSTRIES,
ATTACHACKAL.P.O, KONNI THAZHAM VILLAGE,
PATHANAMTHITTA.
BY ADVS.
SRI.SIBY MATHEW
SHRI.PHILIP J.VETTICKATTU
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PATHANAMTHITTA-689 645.
2 THE ADDITIONAL TAHSILDAR
KOZHENCHERRY-689 654.
3 THE VILLAGE OFFICER
VALLICODE-689 659.
4 SUSAN DAVID
W.P.(C)Nos.27433/2012 & 4641/2013 2
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SANTHOSH BHAVAN, POTHUJANAM LANE,
MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM-695 011.
*5 JIJI PERUMALA
PERUMALA HOUSE, CHANDANAPPALLY MURI,
ANGADICAL VILLAGE, ADOOR TALUK,
REP. BY HER POWER OF ATTORNEY HOLDER P.Y.VARGHESE,
PERUMALA HOUSE, CHANDANAPALLY MURI,
ANGADICAL MURI, ADOOR TALUK - 689 648.
**6 REJI VARGHESE
PERUMALA HOUSE, CHANDANAPPALLY MURI,
ANGADICAL VILLAGE, ADOOR TALUK,
REP. BY HER POWER OF ATTORNEY HOLDER P.Y.VARGHESE,
PERUMALA HOUSE, CHANDANAPPALLY MURI,
ANGADICAL MURI, ADOOR TALUK - 689 648.
#7 P.Y.VARGHESE
PERUMALA HOUSE, ANGADI VILLAGE,
ADOOR TALUK - 689 648.
(ADDL R5 - R7 ARE IMPLEADED AS PER ORDER IN
I.A.No.4408/2013 DTD 20.13.2013)
##8 THOMAS DAVID
AGED 59 YEARS
S/O LATE P.T.DAVID, RESIDING AT CHETHICAD GRACE VILLA,
ALIAS JUNCTION, KUNANTHANAM PO, THIRUVALLA.
(ADDL R8 IS IMPLEADED AS PER ORDER DATED 09.03.2018 IN
I.A.NO.772/2018)
BY ADVS.
SRI.V.PHILIP MATHEWS
SRI.N.K.SUBRAMANIAN
OTHER PRESENT:
ADV. SYLAJA S L, GP. ,
ADV. N K SUBRAMANIAN, FOR PARTY RESP
W.P.(C)Nos.27433/2012 & 4641/2013 3
2025:KER:39279
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2025, ALONG WITH WP(C).4641/2013, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.27433/2012 & 4641/2013 4
2025:KER:39279
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(C) NO. 4641 OF 2013
PETITIONER:
SUSAN DAVID (SUSAN BABU)
AGED 51 YEARS
SANTHOSH BHAVAN, POTHUJANAM LANE,
MEDICAL COLLEGE P.O,THIRUVANANTHAPURAM
BY ADV SRI.V.PHILIP MATHEWS
RESPONDENTS:
1 STATE OF KERALA
REP BY ITS SECRETARY, DEPARTMENT OF REVENUE,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, PIN-689645
3 THE TAHSILDAR
KOZEHNCHERRY TALUK,
PATHANMTHITTA-689645
4 THE ADDITIONAL TAHSILDAR
KOZHENCHERRY TALUK ,
PATHANAMTHITTA-689645
5 THE VILLAGE OFFICER
VALLICODE, VALLICODE P O,
PATHANAMTHITTA -689656
6 THE TALUK SURVEYOR
KOZHENCHERRY AT PATHANAMTHITTA,
W.P.(C)Nos.27433/2012 & 4641/2013 5
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PATHANAMTHITTA DIST PIN-689645
7 THE SUPERINTENDENT OF RE-SURVEY
O/O.SUPERINTENDENT OF RE-SURVEY,
PATHANAMTHITTA - 689645
8 THE REVENUE DIVISIONAL OFFICER
ADOOR -689646
9 JIJI PERUMALA
PERUMALA HOUSE, CHANDANPALLY MURI,
ANGADICAL VILLAGE, ADOOR TALUK, REP BY HIS POWER
OF ATTORNEY HOLDER P Y VARGHESE, PERUMALA HOUSE,
CHANDANAPALLY MURI, ANGADICAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA-689648
0 REJI VARGHESE
PERUMALA HOUSE, CHANDANAPALLY MURI,
ANGADICAL VILLAGE, ADOOR TALUK,REP BY HIS POWER
OF ATTORNEY HOLDER P Y VARGHESE, PERUMALA HOUSE,
CHANDANAPALLY MURI, ANGADICAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA-689648
11 P Y VARGHESE PERUMALA HOUSE
CHANDANAPALLY MURI, ANGADICAL VILLAGE,
ADOOR TALUK,PATHANAMTHITTA-689648
12 SREEDHARAN NAIR
MALLELIL HOUSE, ATTACHAKAL P O,
KONNI, PATHANAMTHITTA DIST-689648.
BY ADVS.
SHRI.PHILIP J.VETTICKATTU
SRI.N.K.SUBRAMANIAN
SRI.SIBY MATHEW
ADV. SYLAJA S L, GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.06.2025, ALONG WITH WP(C).27433/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.27433/2012 & 4641/2013 6
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JUDGMENT
W.P.(C) No.27433 of 2012 was filed seeking the following reliefs:
i) Issue a writ of certiorari or other appropriate writ, order of
direction quashing Ext.P8;
ii) Issue a Writ of Mandamus or appropriate writ, order or direction
directing the 1st respondent to de novo reconsider the complaint
of the 4th respondent after affording an opportunity of being
heard to the petitioner;
iii) Issue a writ of Mandamus or appropriate writ, order or direction
directing the 1st respondent to defer the final hearing of the
complaint of the 4th respondent till final disposal of
O.S.No.443/2008, pending before the Munsiff's Court,
Pathanamthitta;
2. W.P.(C) No.4641/2013 is filed by the 4th respondent in W.P.(C)
No.27433 of 2012 seeking implementation of Exhibit P8 order.
3. Both the writ petitions are being taken up and disposed of by a
common judgment. Parties and exhibits shall be referred to as stated in
W.P.(C) No.27433 of 2012.
4. The petitioner in W.P.(C) No.27433/2012 is one R. Sreedharan
Nair. He purchased a property having an extent of 1 Hectare 24 Ares and 90
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Square links situated in Sy.Nos.104/2 and 104/15 of Vallicode Village,
Pathanamthitta District. The vendors of the property were one Jiji Perumala,
Reji Varghese and P.Y. Varghese. According to him, Ext.P2 Encumbrance
Certificate obtained by him prior to the execution of the sale deed did not
reveal any encumbrance in respect of the above property. He affected
mutation in his favour and was paying tax as is evident from Ext.P4.
5. According to the petitioner, while the property was in the
possession of his vendors, the 4th respondent herein, Smt. Susan David, who
is the petitioner in W.P.(C)No.4641/2013 instituted O.S No.443/2008 before
the Munsiff's Court, Pathanamthitta. The aforesaid suit was dismissed for
default by Ext.P5 judgment dated 13.10.2010.
6. The petitioner asserts that much thereafter, the suit was restored
and an application to implead the petitioner was filed. He contends that even
prior to the execution of the sale deed in favour of the petitioner herein, his
vendors had filed an application to correct certain entries in the revenue
records which occurred during the resurvey of the property. The said
application was allowed by the Additional Tahsildar as early as in the year
2010.
7. Being aggrieved by the above, Susan David filed an appeal
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before the District Collector stating that the due procedure was not followed
by the Additional Tahsildar while correcting the entries. Alleging that no
action had been taken, Susan David approached this Court and filed
W.P.(C)No.8759/2012. By Ext.P6 judgment dated 09.04.2012, this Court
directed the District Collector to consider and pass orders on the application,
after affording an opportunity of being heard to all the parties including
persons shown the Thandaper account. Admittedly, on 09.04.2012, the
petitioner's name had been included in the Thandaper Register as the owner
of the property. In terms of the directions issued by this Court, the District
Collector took up the matter and passed Ext.P8 order annulling the order
passed by the additional Tahsildar and restored the property back to Susan
David and others.
8. Challenging Ext.P8 order, W.P.(C) No.27433/2012 has been
preferred. Susan David has filed W.P.(C)No.4641/2013 seeking
implementation of the very same order.
9. The learned counsel appearing for the petitioners points out that
Ext.P8 order cannot be sustained under law as it has been passed in clear
violation of the principles of natural justice. There was a specific direction by
the learned Single Judge to hear the parties affected, which include the
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petitioner, before passing any orders on the application filed by Susan David.
However, no notice was issued to the petitioner.
10. A counter-affidavit has been filed by the 1st respondent. Though
the entire sequence of events has been detailed, the contention of the
petitioner that he was not served with a notice nor that he was not heard by
the District Collector has not been controverted. In other words, even from
the counter, it is apparent that the directions by this Court in Ext.P6
judgment was not complied with and the Collector had no occasion to hear
the petitioner in W.P.(C)No.27433/2012.
11. In that view of the matter, for violation of the principles of
natural justice and for the failure to heed to the directions issued by the
learned Single Judge, the order passed by the District Collector is liable to be
overturned.
12. Ext.P8 order in W.P.(C )No.27433/2012 is set aside. The 1st
respondent is directed to reconsider the matter and pass fresh orders in
accordance with law, after affording an opportunity to all the parties
concerned as ordered in Ext.P6 judgment dated 09.04.2012, within an outer
time limit of three months from the date of receipt of a copy of this
Judgment. To ensure that the directions are complied with, the parties are
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directed to produce a copy of this Judgment before the District Collector,
who shall pass orders in terms of the directions above.
With the above directions, these writ petitions are disposed of.
Sd/-
RAJA VIJAYARAGHAVAN. V
JUDGE
MSA
