Kajan Hussain vs Divisional Forest Officer on 14 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23676 of 2007(R)


1. KAJAN HUSSAIN, S/O.MOHAMMED HANEEFA,
                      ...  Petitioner

                        Vs



1. DIVISIONAL FOREST OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/01/2008

 O R D E R
                               ANTONY DOMINIC, J.



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                        W.P. (C) No. 23676  OF 2007 R

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                      Dated this the  14 th January, 2008



                                  J U D G M E N T

Challenge in this writ petition is against Ext. P5, an order

declining the request of the petitioner for issuing NOC. Petitioner

had approached this Court on an earlier occasion and that resulted

in Ext. P4 judgment directing consideration of the application.

According to the petitioner, before even producing a copy of the

said judgment, his request was turned down by Ext. P5.

2. The limited ground on which Ext. P5 is impugned is that

before the said order was passed notice was not issued to the

petitioner, nor was the petitioner heard in the matter. This

contention of the petitioner is not disputed by the respondents, nor

have they placed any materials suggesting to the contrary. In view

of this, I am of the view that the impugned order was passed in

violation of the principles of natural justice.

3. Hence, quashing Ext. P5, I dispose of this writ petition

directing the 1st respondent to reconsider the matter with notice to

W.P.(C) No. 23676 OF 2007

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the petitioner as expeditiously as possible. This shall be done

within four weeks of production of a copy of this judgment.

ANTONY DOMINIC

JUDGE

jan/-