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.
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W.P.(C) No. 28538 of 2010 N
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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