IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8505 of 2010(K)
1. KANDATHU VALAPPIL KADEEJA,53 YEARS,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFRICER, TIRUR.
... Respondent
2. THE TAHSILDAR, TIRUR.
3. THE VILLAGE OFFICER, KUTTIPPURAM.
4. THE LAND REVENUE COMMISSIONER,
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/06/2010
O R D E R
S. Siri Jagan, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
W.P(C) No. 8505 of 2010
=-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
Dated this, the 15th day of June, 2010.
J U D G M E N T
The petitioner claims to be an illiterate lady residing in 12 cents
of property. Against the property, proceedings under the Kerala
Land Utilization Order were initiated, which resulted in Ext. P2
order. The petitioner thereafter filed Ext. P4 appeal before the 4th
respondent. A notice of hearing of Ext. P4 was issued to the
petitioner’s advocate as well as the petitioner. The notice did not
reach the petitioner’s advocate in time. According to the petitioner,
since the petitioner is an illiterate lady, she did not understand the
notice received by her till her son came home, by which time the date
of hearing was also over. In the meanwhile, the 4th respondent
passed Ext. P7 order confirming the orders of the lower authority.
The petitioner now seeks a chance of re-hearing in view of the fact
that it was because of circumstances beyond her control that she or
her advocate could not attend the hearing.
2. I have heard the learned Government Pleader also.
In the facts and circumstances of the case, taking a lenient view,
I direct the 4th respondent to re-hear Ext. P4 appeal after affording an
opportunity of being heard to the petitioner, for which purpose Ext.
P7 stands quashed. The petitioner or her advocate shall appear
before the 4th respondent on 28-6-2010. On that date, the 4th
respondent shall give the petitioner or her advocate a date for hearing
of the appeal and on the date of hearing so fixed, the petitioner or her
advocate shall be present for hearing. The 4th respondent shall hear
W.P.C. No. 8505/2010 -: 2 :-
the petitioner or her advocate on that date and pass appropriate final
orders.
The writ petition is disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.