High Court Kerala High Court

Mohammed Nadir vs The Director on 26 November, 2007

Kerala High Court
Mohammed Nadir vs The Director on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10244 of 2004(T)


1. MOHAMMED NADIR, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR,
                       ...       Respondent

2. DEPUTY DIRECTOR,

3. MANNAR GRAMA PANCHAYATH,

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :26/11/2007

 O R D E R
                          KURIAN JOSEPH J.
               ----------------------------------------------
             Writ Petition (Civil) No.10244 of 2004
               ----------------------------------------------
                 Dated 26th November, 2007.

                           J U D G M E N T

Petitioner is aggrieved by Ext.P3 surcharge certificate.

It is submitted that the said order is passed without taking into

consideration, Exts.P2 and P4 objections, and the same is a non-

speaking order also. It is further submitted that the petitioner

was not given any notice. It is seen from Ext.P3 that it is a

standard form order and there was no advertence to the

contentions taken by the petitioner in Exts.P2 and P4. Being a

surcharge certificate, the petitioner should have been given an

opportunity to defend his case. I quash Ext.P3. There will be a

direction to the first respondent to consider the matter afresh with

notice to the petitioner and pass a speaking order, within four

months from the date of production of a copy of the judgment.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs