IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10244 of 2004(T)
1. MOHAMMED NADIR, AGED 50 YEARS,
... Petitioner
Vs
1. THE DIRECTOR,
... Respondent
2. DEPUTY DIRECTOR,
3. MANNAR GRAMA PANCHAYATH,
For Petitioner :SRI.S.SHANAVAS KHAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :26/11/2007
O R D E R
KURIAN JOSEPH J.
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Writ Petition (Civil) No.10244 of 2004
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Dated 26th November, 2007.
J U D G M E N T
Petitioner is aggrieved by Ext.P3 surcharge certificate.
It is submitted that the said order is passed without taking into
consideration, Exts.P2 and P4 objections, and the same is a non-
speaking order also. It is further submitted that the petitioner
was not given any notice. It is seen from Ext.P3 that it is a
standard form order and there was no advertence to the
contentions taken by the petitioner in Exts.P2 and P4. Being a
surcharge certificate, the petitioner should have been given an
opportunity to defend his case. I quash Ext.P3. There will be a
direction to the first respondent to consider the matter afresh with
notice to the petitioner and pass a speaking order, within four
months from the date of production of a copy of the judgment.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs