A.Rajasekhar vs G.Vasanthakumari Amma on 30 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2059 of 2009()


1. A.RAJASEKHAR, THENCOTTUPUTHEN VEEDU,
                      ...  Petitioner

                        Vs



1. G.VASANTHAKUMARI AMMA,
                       ...       Respondent

2. K.MURALEEDHARAN NAIR,

3. THE DISTRICT COLLECTOR AND

4. THE ASSISTANT EXECUTIVE ENGINEER,

5. KERALA STATE ELECTRICITY BOARD,

                For Petitioner  :SRI.SAJU.S.A

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :30/09/2009

 O R D E R
               S.R.Bannurmath, C.J. & A.K. Basheer, J.
                   ------------------------------------------
                         W.A. No.2059 of 2009
                   ------------------------------------------
              Dated this the 30th day of September, 2009

                              JUDGMENT

A.K.Basheer, J.

We have heard Sri.T.Krishnan Unni, learned senior counsel

for the appellant and Sri.C.K.Karunakaran, learned Standing Counsel

appearing for respondents 4 and 5 and we have perused the entire

materials available on record.

2. Learned senior counsel appearing for the appellant

submits that the appellant will be satisfied if the entire matter is

considered by respondent No.3 untrammelled or uninfluenced by any

of the observations made by the learned Single Judge. In other words,

the prayer is that the authority concerned, namely the District

Magistrate, should apply his mind afresh in respect of all the issues

involved in the matter and take an independent decision in accordance

with law and with reference to the materials available on record. We

W.A.No.2059 of 2009.

– 2 –

do not find any reason why that prayer cannot be allowed. In our

view, the prayer is only just and proper in the peculiar facts and

circumstances of the case. Respondent No.3 shall dispose of the

matter afresh in accordance with law untrammelled or uninfluenced

by any of the observations made by the learned Single Judge and after

affording sufficient opportunity to be heard to all the parties

concerned as expeditiously as possible, at any rate, within one month

from the date of receipt of a copy of this judgment.

Writ appeal is disposed of in the above terms.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns