we always find that the endorsements like addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address. All these endorsements should be supported by reasons and especially when the party refuses the letter, he could get an endorsement at least from two mediators preferably, neighbours with regard to the refusal of the letters since registered letters normally relate to Court cases, property disputes, personal disputes or sending valuable documents. Hence, the postman has to take every care to see that the registered articles or letters are delivered by making the necessary enquiries in the village and returning the letters to the sender should be the last resort. While sending back, the postman should normally indicate the reasons for not able to deliver the letter. Had the postman made little effort, it would not have been difficult for him to find out the correct address. At least, he would have made an endorsement that the addressees are staying at some other place and got obtained fresh notices.
B.S.A. Swamy, J.
1. This application is filed to bring the legal representatives of the deceased 1st respondent. This court by order dated 5.2.2003 directed notice returnable in two weeks and also permitted the counsel for the appellants to take out personal notice on the proposed respondents by RPAD and file proof of service on the next date of hearing.
2. The registered notices taken out by the counsel for the appellants were returned with an endorsement that the house was locked for 10 days, hence returned. Since it is not uncommon that the postmen return the letters to the senders with endorsement like door locked, addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address etc.
3. We directed the Senior Standing Counsel to get instructions on the manner in which these registered letters have to be served on the addressees and whether there is any documentary evidence to justify the endorsements that are being made by these postmen while returning the articles. The learned counsel filed an affidavit of Assistant Post Master General (Staff and Vigilance) with regard to the enquiries made by the Superintendent of Post Offices, Tirupathi, wherein the Superintendent of Post Offices reported that the door was locked since both the addressees, who happened to be mother and son i.e. T. Pedda Kanthamma and T. Harinath were not in the village. He also stated that T. Harinath was staying in Delhi and his mother Pedda Kanthamma was staying at Guntur with her another son.
4. We must also keep in mind that while the postage payable for an ordinary delivery is about Rs.5/-, the postage payable for a registered letter of minimum weight is Rs.25/- i.e. five times more than the postage payable on an ordinary letter. To our mind, such a heavy amount is being collected from the senders to see that the postmen make every endeavour to see that the letter is delivered to the correct addressee by making necessary enquiries or returning the article with the information he got in this enquiries and the reasons for not able to deliver the registered letter, but not to return the letters with all sorts of endorsement without making any proper enquiries with regard to the whereabouts of the addressee. In fact, Rule 701 (2) and (4) of P & T Manual Volume-VI is extracted as under:
"(2) If the addressee of an article cannot be found at the given address, enquiry regarding his changed address should be made from the neighbours. If trustworthy information can be obtained, the postman should deliver the article at the new address, if it is in his beat, or make a note of the new address on the article, so that it may be made over to another postman at the next delivery, or redirected to another post-town, as the case may be. If sufficient information regarding the addressee cannot be obtained, the article should be returned to the postmaster as unclaimed.
(4) If the addressee of a v.p. article taken out by the postman for delivery is known to be residing at the address marked on the article but is not at home when the postman calls, the postman should write a remark to that effect on the article. If the addressee is not at home or delivery of the article cannot be effected when the article is given out for delivery for the second time, the postman should deliver the intimation to an adult member of the addressee's household or any other person who may be considered to be authorized to receive ordinary correspondence for the addressee, under receipt to be obtained in the postman's book of receipts for intimations and notices delivered, against an entry of the No. of the article to which it relates, which he should make in the book at the time. If the person to whom the intimation is to be delivered is illiterate, the postman should write the name of the person in his book of receipts for intimations and notices delivered and deliver the intimation in the presence of a witness whose signatures should be obtained in the book."
5. From the above Rules, it is seen that if the addressee is not found at the given address, enquiry regarding his change of address should be made from the neighbours and try to find out the new address if possible and re-direct the letter to the correct address if he could get the same. Otherwise, the letter is expected to be returned to the sender with the information that came to light during his enquiries. But, that procedure is not being followed by the postman.
6. Of course, the learned counsel for the respondents strenuously contended that it is highly impossible for a postman to make enquiries since he has to deliver other letters too.
7. Since the contention of the counsel runs counter to the rule position, the same is rejected. Admittedly, the postman without making any inquiry, why the door of the house was found lock for 10 days, he returned the letter. Had the postman made such an effort, it would have been known where Kanthamma was living since the letter was sent to a village where the people will be knowing the details of the residents of the village unlike in urban areas.
8. Nextly, we always find that the endorsements like addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address. All these endorsements should be supported by reasons and especially when the party refuses the letter, he could get an endorsement at least from two mediators preferably, neighbours with regard to the refusal of the letters since registered letters normally relate to Court cases, property disputes, personal disputes or sending valuable documents. Hence, the postman has to take every care to see that the registered articles or letters are delivered by making the necessary enquiries in the village and returning the letters to the sender should be the last resort. While sending back, the postman should normally indicate the reasons for not able to deliver the letter. Had the postman made little effort, it would not have been difficult for him to find out the correct address. At least, he would have made an endorsement that the addressees are staying at some other place and got obtained fresh notices.
9. This order is passed with a fond hope that the superior authorities of the postal department will put an end to this menace. If any such endorsements are found, without proper explanation, the postmaster concerned shall also be made responsible and proper action has to be taken against him.
10. Post after service of notice.
Print Page
Andhra High Court
Gajula Rama Rao And Anr. vs Thondamanati Subbaraya Pillai ... on 15 April, 2003
Equivalent citations: 2003 (6) ALD 45, 2003 (4) ALT 740
Bench: B Swamy, G K Tamada
ORDERB.S.A. Swamy, J.
1. This application is filed to bring the legal representatives of the deceased 1st respondent. This court by order dated 5.2.2003 directed notice returnable in two weeks and also permitted the counsel for the appellants to take out personal notice on the proposed respondents by RPAD and file proof of service on the next date of hearing.
2. The registered notices taken out by the counsel for the appellants were returned with an endorsement that the house was locked for 10 days, hence returned. Since it is not uncommon that the postmen return the letters to the senders with endorsement like door locked, addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address etc.
3. We directed the Senior Standing Counsel to get instructions on the manner in which these registered letters have to be served on the addressees and whether there is any documentary evidence to justify the endorsements that are being made by these postmen while returning the articles. The learned counsel filed an affidavit of Assistant Post Master General (Staff and Vigilance) with regard to the enquiries made by the Superintendent of Post Offices, Tirupathi, wherein the Superintendent of Post Offices reported that the door was locked since both the addressees, who happened to be mother and son i.e. T. Pedda Kanthamma and T. Harinath were not in the village. He also stated that T. Harinath was staying in Delhi and his mother Pedda Kanthamma was staying at Guntur with her another son.
4. We must also keep in mind that while the postage payable for an ordinary delivery is about Rs.5/-, the postage payable for a registered letter of minimum weight is Rs.25/- i.e. five times more than the postage payable on an ordinary letter. To our mind, such a heavy amount is being collected from the senders to see that the postmen make every endeavour to see that the letter is delivered to the correct addressee by making necessary enquiries or returning the article with the information he got in this enquiries and the reasons for not able to deliver the registered letter, but not to return the letters with all sorts of endorsement without making any proper enquiries with regard to the whereabouts of the addressee. In fact, Rule 701 (2) and (4) of P & T Manual Volume-VI is extracted as under:
"(2) If the addressee of an article cannot be found at the given address, enquiry regarding his changed address should be made from the neighbours. If trustworthy information can be obtained, the postman should deliver the article at the new address, if it is in his beat, or make a note of the new address on the article, so that it may be made over to another postman at the next delivery, or redirected to another post-town, as the case may be. If sufficient information regarding the addressee cannot be obtained, the article should be returned to the postmaster as unclaimed.
(4) If the addressee of a v.p. article taken out by the postman for delivery is known to be residing at the address marked on the article but is not at home when the postman calls, the postman should write a remark to that effect on the article. If the addressee is not at home or delivery of the article cannot be effected when the article is given out for delivery for the second time, the postman should deliver the intimation to an adult member of the addressee's household or any other person who may be considered to be authorized to receive ordinary correspondence for the addressee, under receipt to be obtained in the postman's book of receipts for intimations and notices delivered, against an entry of the No. of the article to which it relates, which he should make in the book at the time. If the person to whom the intimation is to be delivered is illiterate, the postman should write the name of the person in his book of receipts for intimations and notices delivered and deliver the intimation in the presence of a witness whose signatures should be obtained in the book."
5. From the above Rules, it is seen that if the addressee is not found at the given address, enquiry regarding his change of address should be made from the neighbours and try to find out the new address if possible and re-direct the letter to the correct address if he could get the same. Otherwise, the letter is expected to be returned to the sender with the information that came to light during his enquiries. But, that procedure is not being followed by the postman.
6. Of course, the learned counsel for the respondents strenuously contended that it is highly impossible for a postman to make enquiries since he has to deliver other letters too.
7. Since the contention of the counsel runs counter to the rule position, the same is rejected. Admittedly, the postman without making any inquiry, why the door of the house was found lock for 10 days, he returned the letter. Had the postman made such an effort, it would have been known where Kanthamma was living since the letter was sent to a village where the people will be knowing the details of the residents of the village unlike in urban areas.
8. Nextly, we always find that the endorsements like addressee not found, party refused, addressee is not in the village, no such addressee and incorrect address. All these endorsements should be supported by reasons and especially when the party refuses the letter, he could get an endorsement at least from two mediators preferably, neighbours with regard to the refusal of the letters since registered letters normally relate to Court cases, property disputes, personal disputes or sending valuable documents. Hence, the postman has to take every care to see that the registered articles or letters are delivered by making the necessary enquiries in the village and returning the letters to the sender should be the last resort. While sending back, the postman should normally indicate the reasons for not able to deliver the letter. Had the postman made little effort, it would not have been difficult for him to find out the correct address. At least, he would have made an endorsement that the addressees are staying at some other place and got obtained fresh notices.
9. This order is passed with a fond hope that the superior authorities of the postal department will put an end to this menace. If any such endorsements are found, without proper explanation, the postmaster concerned shall also be made responsible and proper action has to be taken against him.
10. Post after service of notice.
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