High Court of KeralaSingle JudgeWrit petition dismissed, with remand for due pr...

Sayed Mohammed Koya v Administrator, Union Territory of Lakshadweep and Others

Case / Petition Number:WP(C).No. 21527 of 2012 (M)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.M.SHAFFIQUE
Judgment Date
2017-03-16
Court Decision / Holding
Writ petition dismissed. The court observed gross violation of natural justice in Ext P1, remanded the matter for due process but ultimately dismissed the petition, indicating that substantial rights of the parties favored not quashing the decisions.
Final Disposition
Writ petition dismissed, with remand for due process considered but not interfered with beyond that.

Parties to the Case

Appellants / Petitioners

  • Sayed Mohammed Koya

Respondents

  • Administrator, Union Territory of Lakshadweep, Kavaratty
  • Settlement Officer, Kavaratty, Union Territory of Lakshadweep
  • Assistant Settlement Officer Kadamat, Union Territory of Lakshadweep
  • Pathummada Naduvilakam Kunhi S/O Abdul Khader Koya, Amini Island, Union Territory of Lakshadweep

Legal Representation & Advocates

Counsels for Petitioners

  • • P. B. Krishnan
  • • Geetha P. Menon
  • • N. Ajith
  • • P. B. Subramanyan

Counsels for Respondents

  • • S. Radhakrishnan, SC, Lakshadweep Administration
  • • M. Krishna Kumar
  • • Manu S., CGC, Administration of the Union Territory of Lakshadweep

Case Synopsis & Summary

The Kerala High Court heard a challenge by Sayed Mohammed Koya to Exts. P9 and P13, orders that set aside an order passed by the Assistant Settlement Officer, later confirmed by the Administrator in a second appeal. The short chronology reveals that the petitioner sought a rough patta, which was granted on 22 September 2001 (Ext P1). The 4th respondent moved for review in 2005, which was rejected by Ext P3 on 25 January 2006. Thereafter, the 4th respondent filed an appeal under Section 78(1) of the 1965 Regulations, accompanied by a delay condonation plea. The petitioner argued that the Regulations create no power to condone delay, and that a quasi-judicial authority cannot invoke the Limitation Act, citing M.P. Steel Corporation v. Commissioner of Central Excise. The petitioner asserted that Ext P1 was issued the same day as the application and without notice, violating natural justice, and that the impugned Exts P9 and P13 were thus impermissible. The respondents contended that delay cannot be condoned in the absence of explicit provision, and that the Settlement Officer’s remand for due notice was proper, given non-service of the original order. The Administrator’s second appeal and the need to decide the property status by the A.S.O. are examined. The court found gross violation of natural justice in the Ext P1 order, considered remand appropriate, but ultimately dismissed the writ petition, upholding the impugned orders.

Provisions of Law Cited

Section 80 of the Laccadive, Minicoy & Aminidivi Islands Land Revenue and Tenancy Regulations, 1965Section 78(1) of the Laccadive, Minicoy & Aminidivi Islands Land Revenue and Tenancy Regulations, 1965

Legal Doctrines & Maxims

  • Principles of natural justice

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the original rough patta order Ext P1 was issued on the same day as the application (22/09/2001) without notice, implying a gross violation of natural justice. He argues that there is no express power in the 1965 Regulations to condone delay (Section 78(1) with a 30‑day limit) and relies on M.P. Steel Corporation v. Commissioner of Central Excise to contend that a quasi‑judicial authority cannot invoke the Limitation Act’s power absent explicit authorization. The challenge to Exts P9 and P13 rests on the contention that the appellate remand and the subsequent second appeal were improper given the alleged lack of notice and delay. The petitioner seeks to quash the impugned orders and restore the rights conferred by the original order, urging adherence to due process and statutory time limits.

Contentions of Respondents

The respondents contend that there is no provision to condone delay and that an appeal under Section 78(1) must be filed within 30 days; they highlight the alleged lack of notice to the 4th respondent in Ext P1 and argue that the Settlement Officer’s remand for due opportunity was justified in light of natural justice. They maintain that the Administrator’s second appeal addressed substantial questions about property status, and that the appellate orders were warranted by procedural lapses in the original proceedings. While acknowledging that natural justice concerns arose, they argue that the court should not interfere given the statutory framework and the need to ensure proper opportunity and consideration in accordance with the Regulations.] },

Cited Precedents (1)

Case NameCitationTreatmentExplanation
M.P.Steel Corporation v. Commissioner of Central Excise2015(2) KLT 996(SC)PositiveCited to support the proposition that a quasi‑judicial authority cannot condone delay under the Limitation Act absent explicit statutory authorization; the court treats this proposition as applicable, reinforcing the stance that delay cannot be casually condoned by such authorities.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938 WP(C).No. 21527 of 2012 (M) ---------------------------- PETITIONER: ---------- SAYED MOHAMMED KOYA S/O. BIYYAMMADA ATTAKOYA, RESIDING AT PURAKKAD, AMINI ISLAND, U.T OF LAKSHADWEEP. BY ADVS.SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.B.SUBRAMANYAN RESPONDENTS: ----------- 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP KAVARATTI -682 553. 2. THE SETTLEMENT OFFICER, KAVARATTI, UNIOR TERRITORY OF LAKSHADWEEP - 682 553. 3. THE ASSISTANT SETTLEMENT OFFICER KADAMAT, UNIOR TERRITORY OF LAKSHADWEEP -682 550. 4. PATHUMMADA NADUVILAKAM KUNHI S/O. ABDUL KHADER KOYA, AMINI ISLAND, UNNIOR TERRITORY OF LAKSHADWEEP - 682 552. R1 -R 3 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN R4 BY ADV. SRI.M.KRISHNAKUMAR R1-R3 BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **W.P.C.NO.21527 OF 2012** ## **----------------------** ## **APPENDIX** ## **---------------** ## **PETITIONER'S EXHIBITS** ## **---------------------** EXHIBIT-P1-TRUE COPY OF THE ORDER ISSUED BY RESPNDENT NO.3 DATED 22/09/2001. EXHIBIT-P2-TRUE COPY OF THE ORDER F. NO. 3/1/2004-CDC ISSUED BY 2ND RESPONDENT DATED 05/01/2006 EXHIBIT-P3-TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 25/01/2006. EXHIBIT-P4-TRUE COPY OF THE REVISION FILED BY RESPONDENT NO.4 BEFORE THE IST RESPONDENT DATED 17/05/2006 EXHIBIT-P5-TRUE COPY OF THE ORDER IN REVISION CASE NO.1 OF 2006/CDC (KDT) ISSUED BY THE 3RD RESPONDENT DATED 03/10/2006 EXHIBIT-P6-TRUE COPY OF THE MEMORANDUM OF APPEAL 1/2007 FILED BEFORE THE 2ND RESPONDENT DATED NIL. EXHIBIT-P7-TRUE COPY OF THE I.A NO. 1 OF 2007 IN APPEAL NO.1/2007 FILED BEFOR THE 2ND RESPONDENT DATED NIL. EXHIBIT-P8-TRUE COPY OF THE COUNTER AFFIDAVIT IN I.A 1/2007 IN APPEAL 1/2007 FILED BY THE PETITIONER. EXHIBIT-P9-TRUE COPY OF THE ORDER IN APPEAL CASE 1/2007 PASSED BY THE 2ND RESPONDENT DATED 17/09/2007 EXHIBIT-P10-TRUE COPY OF THE MEMORANDUM OF SECOND APPEAL NO. 1/2008 ON THE FILE OF THE IST RESPONDENT DATED 17/01/2008 EXHIBIT-P11-TRUE COPY OF THE JUDGMENT IN W.P(C) 282 OF 2011 DATED 05/01/2011 EXHIIBT-P12-TRUE COPY OF THE ORDER IN R.P 334/2011 IN W.P(C) 282/2011 DATED 20/06/2011 EXHIBIT-P13-TRUE COPY OF THE ORDER IN 2ND APPEAL CASE NO. 1/2008 -ADM (KDT) PASSED BY IST RESPONDENT DATED 20/08/2012. .........2/- ## 4TH RESPONDENTS' EXHIBITS ------------------------- R4-A: TRUE COPY OF THE GIFT DEED NO.101/1955. R4-B: TRUE COPY OF THE EXTRACT OF LAND REGISTER. R4-C: TRUE COPY OF THE APPLICATION SUBMITTED ON BEHALF OF THE PETITIONER DATED 22-09-2001. R4-D: TRUE COPY OF THE PARTITION DEED NO.1/1974. R4-E: TRUE COPY OF THE COMMUNICATION DATED 24/11/2005. TRUE COPY PA TO JUDGE ## **A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.21527 of 2012 ---------------------------------------Dated this the 16[th] day of March 2017 ## **J U D G M E N T** Petitioner challenges Exts.P9 and P13 orders by which the Settlement Officer had set aside an order passed by the Assistant Settlement Officer which was later confirmed by the Administrator in a second appeal. 2. The short facts involved in the writ petition would disclose that the petitioner applied for rough patta to the Assistant Settlement Officer which was granted as per Ext.P1 dated 22/09/2001. The 4[th] respondent herein sought for review by filing an application on 24/11/2005 which came to be rejected as per Ext.P3 order dated 25/01/2006. The 4[th] respondent therefore preferred a review petition before the Administrator under Section 80 of the Laccadive, Minicoy & Aminidivi islands Land Revenue and Tenancy Regulations, 1965. The same was not entertained on the ground that the appeal ought to have been filed against the impugned order. The 4[th] respondent, therefore, preferred an appeal under Section, 78(1) of the 1965 Regulations along with an application to condone the delay of 5 years and two W.P.C.No.21527/2012 2 months in filing the appeal. The petitioner filed counter affidavit inter alia stating that there is no provision to condone the delay and therefore the appeal cannot be entertained. It is contended that as per the Regulations, 1965, an appeal has to be filed within a period of thirty days from the date of order and there is no provision to condone the delay. Being a quasi judicial authority, unless there is a provision to condone the delay, the said right cannot be exercised by the Settlement Officer. The appellate authority, however, by the impugned order, at Ext.P9, observed that, on verification of the records of the Assistant Settlement Officer, it was noticed that no opportunity was given to the 4[th] respondent for presenting his case and therefore the order of the Assistant Settlement Officer is in violation of the principles of natural justice. The matter requires to be sent back to the Assistant Settlement Officer for giving due opportunity to the 4[th] respondent. Aggrieved by the said order, the petitioner preferred a second appeal before the Administrator. 3. One of the main contentions urged by the petitioner was that the Settlement Officer was not justified in entertaining the appeal which was beyond the period of limitation. The W.P.C.No.21527/2012 3 Administrator, however, having taken note of the respective contentions, dismissed the second appeal by observing that the status of the property as to whether it is a Tharwad property or self acquired, needs to be decided by the Assistant Settlement Officer. 4. Counter affidavit has been filed by the 4[th] respondent inter alia contending that Ext.P1 order was passed without notice. The facts involved in the case as evident from the documents produced would reveal that an application for rough patta had been given by the petitioner on 22/09/2001 and the order was passed on the same day. It is contended that this fact itself would show that fraud has been played and the order is passed in gross violation of the principles of natural justice. 5. Heard learned counsel for the petitioner and the learned counsel for the respondent. Learned counsel for the petitioner placed reliance upon the judgment in **M.P.Steel Corporation v. Commissioner of Central Excise** _[2015(2) KLT 996(SC)]_ to contend that unless there is a specific provision enabling the quasi judicial authority to invoke the provisions of the Limitation Act especially Section 5, no such power can be W.P.C.No.21527/2012 4 exercised by such authority. There is no dispute regarding the settled legal position that an authority who is not conferred with power to invoke Section 5 of the Limitation Act cannot condone any delay. There is no dispute about the fact that as per Section 78 of the 1967 Regulations, an appeal has to be filed within a period of thirty days from the date of order. 6. But the facts of the case would show that the impugned order Ext.P1 has been issued on the same day on which the application was filed without notice to the opposite parties. As rightly held by the Settlement Officer, the order is passed in gross violation of the principles of natural justice. There is also no materials to indicate that the order has been served on the 4[th] respondent. The Settlement Officer as well as the Administrator had observed that the order had not been served on the 4[th] respondent. Under such circumstances, when they have exercised their appellate powers ignoring the fact that there is a delay in the matter, I do not think that there is any illegality being committed while directing the matter to be re-considered again. True that if they had taken into account the date of order which is impugned, the appeal would have been barred by W.P.C.No.21527/2012 5 limitation. But, in an instance where there is gross violation of natural justice and in an instance where copy of the order has not been served, an appeal could be filed only when the notice of order is received by the aggrieved party. This is an instance when after knowing about Ext.P1 order, the 4[th] respondent had taken certain steps to bring to the notice of the authority the illegality committed, but everything turned futile. It is, under such circumstances, that the Settlement Officer has rightly remitted the matter back to the Assistant Settlement Officer. 7. Taking into account the overall factual situation, I am of the view that the limitation was not a bar for the appellate authority to have remitted the matter back especially when it was found that the order was passed behind the back of the 4[th] respondent. For that reason itself, there was no necessity to condone any delay at all. It can only be said that an application to condone the delay was superfluous. 8. Even otherwise, while exercising the jurisdiction of this Court, this Court has to consider whether the impugned orders should be interfered, in the interests of justice. In the facts and circumstances of the case, when substantial rights of the parties W.P.C.No.21527/2012 6 are involved especially when the 4[th] respondent claims that he alone is the original owner of the property, orders cannot be passed behind his back. For that reason itself, I do not think that there is any necessity for this Court to interfere with the impugned orders. This writ petition is hence dismissed. (sd/-) **(A.M.SHAFFIQUE, JUDGE)** jsr