2025:KER:28471 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 41231 OF 2022 PETITIONER: SUSAN MATHEW, AGED 55 YEARS, W/O PARAYIL DANIEL MATHEW,KARIMPIL, ANAPPARA P.O., VIDHURA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, DISTRICT, PIN- 685551. BY ADVS. P.CHANDRASEKHAR ANOOP KRISHNA REGIMOL M.K. ANAND SANKAR RANI MADHU RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT COLLECTOR, G5CQ+GJ, FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA 680003. 3 THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA, PIN- 680125. 4 THE SECRETARY, KODAKARA GRAMA PANCHAYAT, KODAKARA P.O., PIN- 680684, THRISSUR DISTRICT. W.P.(C)No.41231 of 2022 2 2025:KER:28471 5 KODAKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KODAKARA P.O., PIN- 680684, THRISSUR DISTRICT. BY ADV M.R.ANISON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.41231 of 2022 3 2025:KER:28471 JUDGMENT The petitioner, contends that she purchased certain properties in the year 2012, as per Ext.P1. The petitioner with reference to recitals in Ext.P2(d), which proves the ownership of the property by the predecessor-in-interest, contends that, admittedly there was a factory building in the land in question. The petitioner further contends that certain additional constructions were carried out on the basis of the permission granted by the Panchayat and on the basis of the orders issued by this Court in a writ petition, the construction as above was also numbered. Ultimately, this Court as per Ext.P12, directed the petitioner to file an appropriate application to the RDO, seeking utilisation of the property for other purposes and the petitioner submitted Ext.P13 application seeking appropriate reliefs in the matter. The petitioner points out that the RDO in turn issued Ext.P14 dated 30.06.2022 demanding payment of an amount in excess of Rs.23 lakhs for passing an order as prayed for in Ext.P13. W.P.(C)No.41231 of 2022 4 2025:KER:28471 2. It is in such circumstances that the captioned writ petition is filed by the petitioner. 3. I have heard Sri.P.Chankasekhar, the learned counsel for the petitioner, Sri.Aswin Sethumadhavan, the learned senior Government Pleader for respondents 1 to 4, Sri.M.R.Anison, the learned Standing Counsel for the 5th respondent Panchayat. 4. The learned counsel for Sri.Chandrasekhar would limit his challenge against Ext.P14 pointing out that Ext.P14 has been issued without taking note of the various contentions raised by the petitioner in Ext.P13. The learned counsel would contend that there is no assessment with respect to the amount ordered to be remitted by the petitioner. 5. I have considered the rival submissions as well as the connected records. 6. I notice that Ext.P14 is in the nature of a final order directing satisfaction of a substantial amount in excess of Rs.23 lakhs. The petitioner, is justified in contending that, on account of the contentions raised in Ext.P13, prior to fixation of the afore amount as per Ext.P14, the petitioner W.P.(C)No.41231 of 2022 5 2025:KER:28471 ought to have been granted an opportunity for being heard in the matter. Insofar as the petitioner is not admittedly heard prior to Ext.P14, I am of the opinion that the petitioner is to be granted an opportunity as prayed for. In such circumstances, though a remedy of appeal is provided under the statute against Ext.P14, insofar as the principles of natural justice is not seen followed while issuing Ext.P14, I dispose of this writ petition as under:- i. The petitioner is permitted to treat Ext.P14 as a show cause notice. ii. The petitioner is to file an appropriate explanation/objections to the proposal in Ext.P14 within a period of four weeks from today. iii. On the petitioner filing the objections/explanation as above, the RDO concerned to pass a speaking order, within a further period of four weeks hereafter. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.41231 of 2022 6 2025:KER:28471 APPENDIX OF WP(C) 41231/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTERED SALE DEED NO. 3611 OF 2012 DATED 03.08.2012. Exhibit P2 TRUE COPY OF THE REGISTERED SALE DEED NO.828 OF 1993 DATED 10.03.1993. Exhibit P3 TRUE COPY OF REGISTERED SALE DEED NO.829 OF 1993 DATED 10.03.1993. Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT DATED 24.09.2012 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, KODAKARA. Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 05.10.2012 ISSUED BY THE VILLAGE OFFICER, KODAKARA TO THE PETITIONER. Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE DATA BANK ISSUED BY AGRICULTURAL OFFICER, KRISHI BHAVAN, KODAKARA. Exhibit P7 TRUE COPY OF THE BUILDING PERMIT 27.09.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit P8 TRUE COPY OF THE COMPLETITION CERTIFICATE DATED 20.01.2015 SUBMITTED BY THE PETITIONER. Exhibit P9 TRUE COPY OF THE APPLICATION DATED 27.02.2015 SUBMITTED BY THE POWER OF ATTORNEY OF THE PETITIONER TO THE PRESIDENT OF KODAKARA GRAMA PANCHAYAT. Exhibit P10 TRUE COPY OF THE DECISION NO.6 DATED 20.03.2015 OF THE 4TH RESPONDENT. Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 19.08.2015 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO.24338 OF 2015. W.P.(C)No.41231 of 2022 7 2025:KER:28471 Exhibit P12 TRUE COPY OF THE COMMON JUDGMENT DATED 29.10.2018 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO.24338 OF 2015 AND WP(C) NO. 32814 OF 2016. Exhibit P13 TRUE COPY OF THE APPLICATION DATED 19.11.2018 OF THE PETITIONER TO THE 3RD RESPONDENT. Exhibit P14 TRUE COPY OF THE LETTER NO.B6-3809/18 DATED 30.06.2022 OF THE 3RD RESPONDENT. Exhibit P15 TRUE COPY OF THE MINUTES OF THE LOCAL LEVEL MONITORING COMMITTEE OF KODAKARA GRAMA PANCHAYAT DATED 05.01.2019. Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 22.10.2021 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO. 3797 OF 2020 AND CONNECTED CASES.