P.K.Venu vs Krishnan
2025 Latest Caselaw 5486 Ker

Kerala High Court

P.K.Venu vs Krishnan on 25 March, 2025

O.P.(C)No.1289/2016

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR

     TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

                        OP(C) NO. 1289 OF 2016

         AGAINST THE ORDER DATED 16.1.2016 IN I.A.NO.5227/2015 IN

OS NO.845 OF 2012 OF SUB COURT, ERNAKULAM

PETITIONERS:

     1       P.K.VENU
             AGED 55 YEARS
             S/O.LATE KOCHOL, PULAVATHIL HOUSE, KOPPARAMBU, EROOR,
             NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

     2       ANILKUMAR
             AGED 30, S/O.P.K.VENU, PULAVATHIL HOUSE, KOPPARAMBU,
             EROOR, NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM
             DISTRICT.

     3       ANOOP P.V.
             AGED 23, S/O.P.K.VENU, PULAVATHIL HOUSE, KOPPARAMBU,
             EROOR, NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM
             DISTRICT.


             BY ADVS.
             SRI.VARGHESE C.KURIAKOSE
             SMT.SEENU SADIQUE


RESPONDENTS:

     1       KRISHNAN
             AGED ABOUT 70, S/O.LATE KUMARAN, KOTTAPURATH HOUSE,
             TRIPUNITHURA P.O., NADAMA DESOM, NADAMA VILLAGE,
             KANAYANNUR TALUK, ERNAKULAM DISTRICT-682 301.
 O.P.(C)No.1289/2016

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     2       VASU
             AGED 65 YEARS
             S/O.LATE KUMARAN, KOTTAPURATH HOUSE, TRIPUNITHURA
             P.O., NADAMA DESOM, NADAMA VILLAGE, KANAYANNUR TALUK,
             ERNAKULAM DISTRICT-682 301. (DIED)

     3       SUNILKUMAR, AGED 35, S/O.VASU
             KOTTAPURATH HOUSE, TRIPUNITHURA P.O., NADAMA DESOM,
             NADAMA VILLAGE, KANAYANNUR TALUK,
             ERNAKULAM DISTRICT-682 301.

     4       AJITHA AGED 26 DO.P.K.VENU
             PULAVATHIL HOUSE, KOPPARAMBU, EROOR, NADAMA VILLAGE,
             KANAYANNUR TALUK, ERNAKULAM DISTRICT -682 303.

  ADDL.R5    THANKAMMA
             AGED 62 YEARS
             W/O LATE VASU, KOTTAPPURATH HOUSE, TRIPUNITHURA P.O,
             NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

  ADDL.R6    INDULEKHA
             AGED 41 YEARS
             D/O LATE VASU, KOTTAPPURATH HOUSE, TRIPUNITHURA P.O,
             NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

             (ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER
             ORDER DATED 03/01/2017 IN IA.NO.1653/2016)



      THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 25.03.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1289/2016

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                                  JUDGMENT

The petitioners herein are the plaintiffs before

the Principal Sub Court, Ernakulam. They filed a

petition to summon the Tahsildar, Kanayannur Taluk for

proving Exts.P5 to P13 documents issued from his

office. Those documents were issued to the plaintiffs

when they applied for copies of the same under the

Right to Information Act.

2. Instead of producing the documents in

compliance of the summons, the Tahasildar filed Ext.P15

affidavit stating that the original documents were

misplaced and he could produce them only if they are

traced out. Then the plaintiffs filed Exts.P16 and P17

applications for recalling the 1st plaintiff for proving

those records, and to direct the Tahasildar to

reconstruct the relevant missing file, on the basis of

available documents. These applications were rejected

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by the trial court as per Ext.P19 and P20 orders. The

present petition is preferred to challenge the said

orders.

3. Heard the learned counsel appearing for

the petitioners.

4. It is evident from the records that the

petitioners obtained Exts.P6 to P13 documents as per

Ext.P5 letter issued by the State Public Information

Officer and Additional Tahsildar, Kanayannur Taluk. If

that be so, even if the original is not traceable from

the office of the Tahsildar, the official who issued

Ext.P5 letter can vouch for the genuineness of Exts.P6

to P13 documents. It is thus just and proper to permit

the petitioners to examine the said officer to prove

those documents.

5. The petitioners attempted to recall and

re-examine the first petitioner himself to prove those

documents, but it was dismissed by the learned Sub

Judge, as per Ext.P20 order. If the petitioners are not

able to bring the author of Ext.P5, they can be

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permitted to re-examine the 1st petitioner, but marking

of the photocopies of the document will be done subject

to the law applicable in that regard.

6. This original petition is filed in the

year 2016. Considering the passage of time and the

nature of the suit as well as the evidence sought to be

produced by the petitioners, I am of the view that this

original petition can be disposed of with the following

directions:

i)The learned Sub Judge shall give sufficient

opportunity to the petitioners to summon the officials

of Kanayannur Taluk to produce the original of the

records or atleast to prove the genuineness of Exts.P5

to P13 documents. If the officer who issued Ext.P5

letter is not available in that office now, the

petitioners may be given sufficient opportunity to

summon him or atleast the person who is in charge of

that seat at present.

ii) The petitioners may also be permitted to

recall and re-examine the first petitioner and to

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attempt to prove the photocopies of the above

documents, if the situation so warrants, subject to the

law applicable in that regard.

Sd/-

P. KRISHNA KUMAR JUDGE sv

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APPENDIX OF OP(C) 1289/2016

PETITIONER'S EXHIBITS

EXT.P1 TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S.NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXT.P2 TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT

EXT.P3 TRUE PHOTOSTAT COPY OF THE WRITTEN STATMENT FILED BY THE 2ND DEFENDANT

EXT.P4 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER (INAM SETTLEMENT OFFICER), KOTTAYAM.

EXT.P5 TRUE PHOTOSTAT COPY OF THE LETTER DATED 17.10.2012 ISSUED FROM THE OFFICE OF THE PUBLIC INFORMATION OFFICER, TALUK OFFICE, KAYANNUR TALUK.

EXT.P6 TRUE PHOTOSTAT COPY OF THE FORM OF PATTA

EXT.P7 TRUE PHOTOSTAT COPY OF THE INDIVIDUAL NOTICE OF ASSIGNMENT SUPPLIED BY THE PUBLIC INFORMATION OFFICER

EXT.P8 TRUE PHOTOSTAT COPY OF THE FORM NO.3 PUBLIC NOTICE SUPPLIED BY THE PUBLIC INFORMATION OFFICER

EXT.P9 TRUE PHOTOSTAT COPY OF THE REPORT OF THE REVENUE INSPECTOR ISSUED IN SMP NO.400/95, WHICH IS SUPPLIED BY THE PUBLIC INFORMATION OFFICER

EXT.P10 TRUE PHOTOSTAT COPY OF THE EXTRACT OF THE SETTLEMENT REGISTER SUPPLIED BY THE PUBLIC INFORMATION OFFICER.

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EXT.P11 TRUE PHOTOSTAT COPY OF THE REPORT SUBMITTED BEFORE THE VILLAGE OFFICER, WHICH IS SUPPLIED BY THE PUBLIC INFORMATION OFFICER

EXT.P12 TRUE PHOTOSTAT COPY OF THE ORDER DATED 14.06.1995 ISSUED BY SETTLEMENT OFFICER (INAM LANDS), KOTTAYAM.

EXT.P13 TRUE PHOTOSTAT COPY OF THE STATEMENT IN FORM NO.5 (SEE RULE 6) ISSUED BY THE SETTLEMENT OFFICER OF INAM LANDS, KOTTAYAM.

EXT.P14 TRUE PHOTOSTAT COPY OF THE LIST OF WITNESSES ENLISTING THE NAME OF THE TAHSILDAR

EXT.P15 TRUE PHOTOSTAT COPY OF THE ORIGINALS AFFIDAVIT FILED BY THE TAHSILDAR

EXT.P16 TRUE PHOTOSTAT COPY OF THE I.A.NO.4743/2015 IN O.S.NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXT.P17 TRUE PHOTOSTAT COPY OF THE I.A.NO.5227/2015 IN O.S.NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXT.P18 TRUE PHOTOSTAT COPY OF THE COUNTER AFFIDAVAIT TO I.A. NO.4743/2015 IN O.S.NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXT.P19 TRUE PHOTOSTAT COPY OF THE ORDER DATED 16.01.2016 PASSED IN I.A. NO.5227/2015 IN O.S.NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.

EXT.P20 TRUE PHOTOSTAT COPY OF THE ORDER PASSED IN I.A.NO.4743/2015 IN O.S. NO.845/2012 ON THE FILES OF SUB COURT, ERNAKULAM.