IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32722 of 2006(U)
1. EACHAPULLY MOHAMMED KUTTY, 70 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. K.P. ALI, PRESIDENT,
4. KATTIL SYED, S/O. MOHAMMED,
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent :SRI.T.KRISHNAN UNNI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :19/01/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C)No.32722 of 2006
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Dated: 19th January, 2007
JUDGMENT
Even though several grounds have been raised in the Writ
Petition, I am of the view that it is not necessary that this court
consider all those grounds at this stage. But a reading of Ext.P5 will
show that the said order is passed without hearing the petitioner. On
that ground alone, Ext.P5 is liable to be quashed. Accordingly, Ext.P5
will stand quashed and the Government is directed to hear the
petitioner and all other concerned parties on Ext.P4 appeal and
dispose of the same in accordance with law. It is made clear that this
court has not expressed any opinion as to whether there was any
delay or as to whether the appeal is liable to be rejected on the
ground of delay. Fresh orders as directed above will be passed by the
Government within three months of receiving a copy of this
judgment. In view of the above order, the learned Subordinate
Judge, Tirur will not finally dispose of the appeal A.S.No.65 of 1997
for a period of five months from today.
The Writ Petition will stand disposed of as above.
srd PIUS C.KURIAKOSE, JUDGE