High Court Kerala High Court

Mr. Sreyams Jain vs The Taluk Land Board on 13 October, 2010

Kerala High Court
Mr. Sreyams Jain vs The Taluk Land Board on 13 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28538 of 2010(N)


1. MR. SREYAMS JAIN, S/O. LATE VEERACHANDA
                      ...  Petitioner

                        Vs



1. THE TALUK LAND BOARD, REPRESENTED BY
                       ...       Respondent

2. THE TAHSILDAR,

3. THE VILLAGE OFFICER,

4. THE SECRETARY,

5. THE DISTRICT COLLECTOR,

6. THE SECRETARY,

                For Petitioner  :SRI.KRISHNA PRASAD. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/10/2010

 O R D E R
                      ANTONY DOMINIC, J.

            ```````````````````````````````````````````````````````
                W.P.(C) No. 28538 of 2010 N
            ```````````````````````````````````````````````````````
             Dated this the 13th day of October, 2010

                           J U D G M E N T

Challenge in the writ petition is against Ext.P7,

order dated 06-07-2010, passed by the Taluk Land Board,

Mananthavady in S.M. Case No.3/86/MTDY. Although

several contentions have been raised in the pleadings, the

case was adjourned with a direction to the learned

Government Pleader to obtain instructions as to whether the

aforesaid order was passed with notice to the affected parties.

On instructions, it is confirmed that notice was not issued.

Therefore, obviously the order is passed in violation of the

natural justice and for that reason, the order cannot be

sustained.

2. In that view of the matter, Ext.P7 order will stand

set aside, leaving it open to the first respondent to pass fresh

orders in the matter with notice to the parties. It is clarified

WPC.28538/10
: 2 :

that it will be open to the parties concerned to raise all their

contentions before the first respondent.

Writ petition is disposed of as above.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge