IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3409 of 2006(E)
1. M.KUMARAN, S/O.LATE KELU MANIYANI,
... Petitioner
Vs
1. THE COMMISSIONER OF LAND REVENUE,
... Respondent
2. K.KUNHIRAMAN, S/O.AMBU, KEKETHOTTI,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.K.G.GOURI SANKAR RAI
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :15/10/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.3409 OF 2006
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Dated this the 15th day of October, 2008.
J U D G M E N T
Challenge is on Exhibit P4 order passed by the first
respondent. The issue pertains to the assignment of land. The
main grievance of the petitioner is that though he is the affected
party, he was not given an opportunity for hearing. Learned
counsel for the second respondent submits that it is due to the
non co-operation on the part of the petitioner, the impugned
order happened to be passed and that in case the matter has
been remitted for a fresh hearing, the second respondent will be
unnecessarily put to hardship.
2. Having regard to the rival contentions and the stand
taken in the writ petition, I am of the view that it is only in the
interests of justice that an opportunity for hearing is given to the
petitioner.
Accordingly, Exhibit P4 is quashed with a direction to the
first respondent to pass fresh orders in the matter after affording
an opportunity for hearing to the petitioner and the second
W.P.(C) No.3409/06 2
respondent and with a further condition that the petitioner shall
pay cost to the tune of Rs.500/- (Rupees five hundred only) to
the second respondent within two months.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No.3409/06 3
KURIAN JOSEPH, J.
W.P.(C) No. 3409 OF 2006
J U D G M E N T
15.10.2008