Pulliyil Ali vs The Tahsildar on 8 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37529 of 2008(P)


1. PULLIYIL ALI, S/O.ALAVI, UPPADA,
                      ...  Petitioner

                        Vs



1. THE TAHSILDAR, NILAMBUR.
                       ...       Respondent

2. THE DISTRICT COLLECTOR, MALAPPURAM.

3. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/01/2009

 O R D E R
                      ANTONY DOMINIC,J.
                -----------------------
                 W.P.(C).No.37529 OF 2008
               ------------------------
            Dated this the 8th day of January, 2009.

                           JUDGMENT

Challenge in this writ petition is against Ext.P1, an order

passed by the 2nd respondent, exercising his powers under

Section 27 of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act.

2. A reading of Ext.P1 order shows that it is passed

without adverting to the contentions raised and without

considering the parameters set out by this court in WP(c).

No.15847/08 and connected cases.

For that reason Ext.P1 will stand set aside and the 2nd

respondent shall issue notice to the petitioner and consider

the matter in the light of the judgment referred to above.

Writ Petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/