Kerala High Court
Santhosh Laxmana vs State Of Kerala Represented By Chief … on 17 July, 2025
2025:KER:53113
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 10389 OF 2025
PETITIONER:
1 SANTHOSH LAXMANA
AGED 57 YEARS
S/O. LAKSHMANA, TC 31/3809, SOORYA 171, MANNAMOOLA
PEROORKKADA- PO, THIRUVANANTHAPURAM, PIN - 695005
BY ADVS.
SRI.MILLU DANDAPANI
SMT.ANJU R S.
SMT.BINTA THERESE JIMMY
SRI.S.VISHNU (V-736)
SHRI.THOMAS C.ABRAHAM
SMT.MEENAKSHI S.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY
ROOM NO. 202, NORTH SANDWICH BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 PRINCIPAL SECRETARY REVENUE (U)
ROOM NO. 201-A, FIRST FLOOR ANNEX 1, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
3 LAND AND REVENUE COMMISSIONER
COMMISSIONERATE OF LAND REVENUE, PUBLIC OFFICE
BUILDING, MUSEUM JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
4 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM DISTRICT COLLECTORATE CIVIL STATION
KUDAPPANANKKUNNU, THIRUVANANTHAPURAM, PIN - 695035
5 THE TAHSILDAR
THIRUVANANTHAPURAM TALUK TALUK OFFICE RD, EAST FORT,
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W.P.(C.) No.10389 of 2025
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PAZHAVANGADI, THIRUVANANTHAPURAM, PIN - 695023
6 THE VILLAGE OFFICER
PEROORKKADA, NEAR CENTRAL POLYTECHNIC COLLEGE
THIRUVANANTHAPURAM, PIN - 695013
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C.) No.10389 of 2025
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C. JAYACHANDRAN, J.
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W.P.(C.) No.10389 of 2025
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Dated, this the 17th day of July, 2025
JUDGMENT
The petitioner has been assigned with a land for his
beneficial enjoyment, vide Ext.P18. Ext.P18 directed the
petitioner to pay a sum of Rs.10,16,396/-, which as per the
governing rules had to be paid within a period of one
month. The petitioner could not pay the same and he sought
for time vide Ext.P19 espousing his absence in Kerala and
due to Covid-19 lockdown. The petitioner also sought for
extension of time, so as to enable him to pay the amount
and to complete the proceedings in Ext.P18. Vide Ext.P20,
the petitioner’s request was forwarded to the Government.
Ext.P22 is a communication by the District Collector to the
Tahsildar, Thiruvananthapuram calling upon the Tahsildar to
ascertain whether the subject land is required for the
beneficial enjoyment of the petitioner. Ext.P22
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specifically refers to a communication dated 22.02.2024
(sl.no.3), wherein the petitioner had expressed his
willingness to make the payment. While so, there was an
amendment to the concerned Rules namely, Kerala Assignment
of Land within the Municipal and Corporation Area Rules,
1995 in the year 2023, which has been produced at Ext.P28.
As per the amendment, a proviso was added to Rule 9,
enabling condonation of delay in deserving cases for a
period up to three years by the Land Revenue Commissioner;
and thereafter, by the State Government, if the delay is
more than three years. A note appended to the amendment
specifically directs that the arrears of assignment dues
shall bear interest at the rate of 6% per annum. Acting
upon Ext.P28, Ext.P27 was passed condoning the delay in the
petitioner’s case, but on condition of payment of interest
at the rate of 6% per annum, as contemplated in Ext.P28.
2. It is the petitioner’s contention that Ext.P27 was
passed after filing the Writ Petition seeking enforcement
of Ext.P18 Order by effecting payment of the amounts
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stipulated therein, thereby maintaining that the petitioner
is not bound to pay any interest. Learned Counsel would
submit that the petitioner is entitled to exclusion of the
Covid pandemic period. Besides, the delay occasioned for
processing Exts.P19 and P20 applications cannot be
attributed to the petitioner. On such premise, he seeks to
get the interest, mulcted by virtue of Ext.P27,
obliterated.
3. Having heard the learned Counsel for the petitioner
and the learned Government Pleader, this Court notice that
the petitioner cannot be aggrieved of the issuance of
Ext.P27 during the pendency of the Writ Petition, inasmuch
as it is substantially in favour of the petitioner, but for
the interest component. The delay in making the payment as
directed in Ext.P18 has been condoned and interest has been
directed to be paid, only in accordance with Ext.P28
amendment to Rule 9. There is no challenge, whatsoever, to
that Ext.P28 amendment before this Court. In the
circumstances, this Court cannot find anything illegal with
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respect to Ext.P27 Order.
4. However, on humanitarian consideration, this Court is
of the opinion that the period during which the State was
affected by Covid 19 pandemic can be excluded by the
appropriate authority. Necessary guidance as regards the
period eligible for exemption can be had from the Orders
issued by the Supreme Court, though such orders are not, as
such, applicable to administrative matters. This is an
aspect to be considered by the 2 nd respondent, bearing in
mind the principle that the law cannot compel one to do the
impossible. Covid 19 was a period during which the entire
activities of the Country came to a grinding halt and the
petitioner cannot be blamed for not making the payment
within the time stipulated in Ext.P18, which was dated
13.02.2020. Giving due consideration to this aspect, this
Court directs the 2nd respondent to re-consider Ext.P27,
only in the context of interest during the Covid period.
4. The contention of the petitioner that the delay in
processing Exts.P19 and P20 applications cannot be
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attributed to the petitioner and the said period is also
liable to be excluded, lacks merit. It is clear from
Ext.P22 that the petitioner expressed his willingness to
make the payment, as required in Ext.P18, only on
22.02.2024, that is to say, much after the expiry of the
Covid period. This Court, is therefore, not persuaded to
grant that relief to the petitioner.
5. In the circumstances, the Writ Petition is allowed in
part, directing the 2nd respondent to re-consider the
interest component in Ext.P27, during the Covid pandemic
period in accordance with law and in the light of the
observations contained in this judgment, expeditiously, at
any rate, within a period of two months from the date of
receipt of a copy of this judgment. However, in order to
avail the benefit of this judgment, this Court directs the
petitioner to pay the principal amount of Rs.10,16,396/-,
as stipulated in Ext.P18 forthwith within a period of ten
days from the date of receipt of a copy of this judgment.
Once that payment is made and the receipt is produced
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before the 2nd respondent, the question of excluding the
interest during the Covid period will be considered by the
2nd respondent within a period of two months therefrom,
after affording an opportunity of being heard to the
petitioner. Needless to say that an Order has to be passed
thereafter, in accordance with law, within the period
stipulated above.
The Writ Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/17-07
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W.P.(C.) No.10389 of 2025
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APPENDIX OF WP(C) 10389/2025
PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SALE DEED, REGISTERED ON
19.04.1993
EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED
31.05.2013
EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
EXECUTIVE ENGINEER, PWD, THIRUVANANTHAPURAM
DATED 26.06.2013
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED
ON 18.02.2015
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE TAHSILDAR TO THE DISTRICT COLLECTOR ON
13.04.2015
EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE TAHSILDAR TO THE DISTRICT COLLECTOR ON
20.11.2015
EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION SENT BY
THE DISTRICT COLLECTOR TO THE PRINCIPAL
SECRETARY, REVENUE, ON 02.12.2015
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED
ON 09.12.2015
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION BY THE
TAHSILDAR TO DISTRICT COLLECTOR DATED
23.01.2016 PRODUCED
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION MADE BY
THE TAHSILDAR TO THE DISTRICT COLLECTOR,
DATED 28.05.2016
EXHIBIT P11 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE DISTRICT COLLECTOR TO THE LAND REVENUE
COMMISSIONER, DATED 27.06.2016
EXHIBIT P 12 TRUE COPY OF THE APPLICATION DATED
07.06.2018
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER TO DISTRICT COLLECTOR DATED
30.07.2018
EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION, DATED
26.11.2018
EXHIBIT P15 A TRUE COPY OF THE COMMUNICATION DATED
05.12.2018
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EXHIBIT P16 A TRUE COPY OF THE REPRESENTATION DATED
25.12.2018
EXHIBIT P17 TRUE COPY OF THE SANCTION ORDER ISSUED BY
THE PRINCIPAL SECREATARY REVENUE (U) DATED
29.10.2019
EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 13.02.2020
EXHIBIT P19 A TRUE COPY OF THIS EMAIL COMMUNICATION
DATED 26.04.2020
EXHIBIT P20 A TRUE COPY OF THE COMMUNICATION DATED
17.08.2020
EXHIBIT P21 A TRUE COPY OF THE REPRESENTATION DATED
18.05.2023 TO THE DISTRICT COLLECTOR
EXHIBIT P22 A TRUE COPY OF THE COMMUNICATION MADE BY
THE DISTRICT COLLECTOR DATED 27.08.2024
EXHIBIT P23 A TRUE COPY OF THE STOP MEMO ISSUED BY THE
VILLAGE OFFICER DATED 23.01.2025
EXHIBIT P24 A TRUE COPY OF THE REPRESENTATION BEFORE
THE VILLAGE OFFICER DATED 30.01.2025
EXHIBIT P25 A TRUE COPY OF THE COMMUNICATION DATED
21.02.2025
EXHIBIT P26 A TRUE COPY OF THE EMAIL COMMUNICATION SENT
TO THE DISTRICT COLLECTOR ON 11.03.2025
EXHIBIT P27 TRUE COPY OF THE GOVERNMENT ORDER NO.
161/2025/RD DATED 06.06.2025 ISSUED BY THE
2ND RESPONDENT, SECRETARY, REVENUE (U),
EXHIBIT P28 TRUE COPY OF THE NOTIFICATION BEARING NO.
G.O.(P)NO.329/2023/RD AMENDING RULE 9,
DATED 28.12.2023
EXHIBIT P29 TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR DATED 17.06.2025 BEARING NO.
68089/ 2015
RESPONDENTS’: ANNEXURES
ANNEXURE R4(A) TRUE COPY OF THE COMMUNICATION DATED
22.02.2024 TO THE DISTRICT COLLECTOR
ANNEXURE R4(B) A TRUE COPY OF THE PROPOSAL DATED
26.03.2025
TRUE COPY
P.A. TO JUDGE
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