Jagathamma vs The Tahsildar on 24 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17682 of 2008(E)


1. JAGATHAMMA, PUNNOORETH, MATHOOR P.O,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR, KOZHENCHERY TALUK,
                       ...       Respondent

2. THE VILLAGE OFFICER,CHENNEERKKARA

3. THE DISTRICT COLLECTOR,

                For Petitioner  :SRI.SALIM V.S.

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :24/06/2008

 O R D E R
                         S.SIRI JAGAN, J.
                  ==================
                    W.P.(C).No. 17682 of 2008
                  ==================
              Dated this the 24th day of June, 2008

                         J U D G M E N T

The petitioner challenges Ext.P1 order passed by the

Tahsildar, Kozhencherry, in proceedings under the Kerala

Protection of River Banks and Regulation of Removal of Sand Act,

2001. In view of the allegations in the writ petition, the learned

Government Pleader submits that the respondents are

withdrawing Ext.P1 order and fresh orders after affording an

opportunity of being heard to the petitioner would be passed.

This is recorded and the writ petition is closed. However, I make

it clear that the petitioner shall be afforded an opportunity to

adduce evidence also and fresh orders to be passed shall on the

face of it reveal that the evidence of the petitioner and his

contentions were duly considered by the person who passes the

order.

Sd/-

sdk+                                        S.SIRI JAGAN, JUDGE

           ///True copy///


                                P.A. to Judge

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