IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27946 of 2003(B)
1. ARASI VIJAYAKUMAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE CORPORATION OF THIRUVANANTHAPURAM,
3. N.RAJASEKHARAN NAIR,
For Petitioner :SRI.P.GOPALAKRISHNAN NAIR
For Respondent :SRI.N.NANDAKUMARA MENON,SC,TVM CORPN.
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :11/12/2006
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 27946 OF 2003
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Dated this the 11th day of December, 2006
JUDGMENT
Having regard to the detailed submissions which were addressed
before me by Sri. P.Gopalakrishnan Nair, counsel for the petitioner and
Sri.J. Jayakumar, counsel for the party respondent and those of
Sri.Nandakumara Menon, I am of the view that Ext.P5 order in all
probability would not have been passed by the Government, if the
Government had taken note of Ext.P1 earlier order and Ext.P2 judgment
of this Court. It is also noted that Ext.P5 has been passed by the
Government without giving notice to the petitioner in this Writ Petition.
Ext.P5 will stand quashed. Government is directed to take a fresh
decision on the issue after hearing the petitioner and also the
beneficiary of Ext.P5 order. The Government will decide the issue
taking into account the implications of Ext.P1 Order and more important
by Ext.P2 judgment of this Court. Fresh order as directed above, will be
passed by the Government at their earliest and at any rate within three
months of receiving copy of this judgment.
The Writ Petition is disposed of as above.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2