G.Ajith Kumar vs The State Of Kerala on 11 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6367 of 2007(G)


1. G.AJITH KUMAR, S/O GANGADHARAN NAIR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE CORPORATION OF THIRUVANANTHAPURAM,

                For Petitioner  :SRI.K.B.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :11/09/2007

 O R D E R
                         PIUS C. KURIAKOSE, J.
                           -------------------------------
                        W.P.(C) No. 6367 OF 2007
                         -----------------------------------
               Dated this the 11th day of September, 2007

                                  JUDGMENT

I do not propose to go into the merits of the various grounds

raised in this Writ Petition. But the ground that Ext.P5 was issued

without hearing the petitioner and in violation of principles of natural

justice, appeals to me. I quash Ext.P5 on that ground alone and direct

the 1st respondent [Secretary(LSGD), Government of Kerala] to hear the

petitioner and pass fresh orders taking into account the various grounds

raised in the Writ Petition and after getting a report from the Chief Town

Planner. The 1st respondent will have due regard to the argument of the

petitioner that the new scheme which is proposed as per GO(MS)

No.144/07/LSGD dt.31.5.07 is the scheme which to be applied while

taking decision.

                                           PIUS C. KURIAKOSE, JUDGE
btt

WPC    2