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2015 Supreme(Ker) 773

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J.
SALI MOHAN – Appellant
Versus
KOLAZHI GRAMA PANCHAYATH, THRISSUR AND OTHERS – Respondents
I.A. No. 10360 of 2015 & W.P. (C) No. 10125 of 2008
Decided On : 21.7.2015

Advocates:
Advocate Appeared:
For the Appellant:G. Sreekumar, Advocate.
For the Respondent:Shoby K. Francis, Advocate and Government Pleader.

Headnote:

General Clauses Act, 1897 - Section 27 - Kerala Interpretation and General Clauses Act, 1125 - Section 26 - Evidence Act, 1872 - Section 114 - Rules of the High Court of Kerala 1971 - Rule 51(2) - Service of Notice - Presumption - Seeking an order to correct address of the 2nd respondent shown in the cause title of the Writ Petition - Issue regarding this appeal presumption as to service of document by post is that, the registered postal article should be 'properly addressed' - Held, Provisions do not lay down an inflexible or conclusive presumption as to service of notice by registered post - Presumption as to service of document by post can be drawn if the circumstances enumerated in Section 27 of the Central Act or Section 26 of the State Act are present, unless the contrary is proved - Presumption of service under the statute would arise not only when it is sent by registered post in terms of Section 27 of the General Clauses Act, but such a presumption may be raised also under Section 114 of Act, 1872 - A postal article with incomplete or indefinite address, without specifying some definite place for delivery, such as a particular house or building, or a particular post box, or a particular number in a street, along with the name of the locality where the addressee resides or carries on business or employed, cannot be termed as one 'properly addressed' in order to draw a presumption as to service of document by post, under Section 27 of the Central Act or Section 26 of the State Act, or under Section 16 or Section 114 of the Evidence Act.

ORDER

1. This is an application filed by the petitioner seeking an order to correct the address of the 2nd respondent shown in the cause title of the Writ Petition. The Writ Petition was filed on 25.03.2008 seeking an order to quash Ext. P7 proceedings of the 1st respondent Grama Panchayat by which the petitioner was directed to stop certain constructions carried out by her. In the cause title of the Writ Petition, the address of the 2nd respondent is shown as follows:

"Sukumaran, S/o. Ayathuparambil Sankaran,

Poomkunnam Village, Thrissur."

2. The notice issued to the 2nd respondent returned with an endorsement insufficient address, Though notice was again issued to the 2nd respondent with hearing date 16.11.2009, it again returned with an endorsement insufficient address. When no steps were taken to cure the defects, the Writ Petition was listed before the Registrar (Judicial) on 18.03.2011 and the petitioner was granted two weeks time to take fresh steps to issue notice to the 2nd respondent in his correct address. Butt the petitioner neither furnished the correct address nor paid process for issuing fresh notice to the 2nd respondent. Thereafter, the Writ Petition was listed before the Bench on 10.07.2015 in the defect list.

3. By order dated 10.07.2015, the petitioner was directed to take fresh steps to issue urgent notice by speed post to the 2nd respondent in his correct address, within one week and the Registry was directed to list the matter on 17.07.2015, if no steps are taken. Since no steps were taken, the Writ Petition was again listed before the Bench on 17.07.2015 and as requested by the learned counsel for the petitioner, the case was adjourned to 20.07.2015. On that day, the present interlocutory application was filed seeking an order to correct the cause title of the Writ Petition incorporating the correct address of the 2nd respondent. In the said interlocutory application, the correct address of the 2nd respondent is shown as follows:

"Sukumaran A.S., BSNLDGM,

10 A, Harisree Nagar,

Kovilakom Road,

Thrissur."

4. I heard arguments of the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent Grama Panchayat and also the learned Government Pleader appearing for respondents 3 to 5.

5. The fact that, the Writ Petition was filed in the year 2008 with an insufficient or rather incorrect address of the 2nd respondent in the cause title is not in dispute. The address shown in the case title does not even contain the house name or house number or even the locality in which the 2nd respondent resides. Instead, it only shows that the 2nd respondent is a resident of Poomkunnam Village in Thrissur District. The only reason stated in the affidavit accompanying this interlocutory application is that, at the time of filing of the Writ Petition the correct address of the 2nd respondent was not known to the petitioner and that she came to know about it only subsequently.

6. Rule 145 of the Rules of the High Court of Kerala, 1971 deals with form and presentation of an application under Article 226 or under Article 227 or under Article 228 of the Constitution of India and Rule 146 deals with contents of the application. As per Rule 146, every application shall set out the provision of law under which it is made, name and description of the petitioner and the respondent, a clear and concise statement of facts, the grounds on which the relief is sought and shall be signed by the petitioner and by his advocate, if he has appointed one, as in Form No. 10. As per Rule 148, all persons directly affected shall be made parties to the petition. Where such persons are numerous, with the permission of the Court on application made for the purpose, one or more of them may be impleaded on behalf of or for the benefit of all persons so affected; but notice of the Writ Petition shall, on admission, be given to all such persons either by personal service or by public advertisement as the Court in each case may direct.

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