High Court Kerala High Court

Shareen Hafees vs The State Of Kerala on 21 November, 2007

Kerala High Court
Shareen Hafees vs The State Of Kerala on 21 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34327 of 2007(J)


1. SHAREEN HAFEES, W/O.ABDUL HAFEES,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE SECRETARY, NORKA, DEPARTMENT

3. THE REVENUE DIVISIONAL OFFICER,

4. THE SECRETARY, KALLIYOOR GRAMA

5. THE VILLAGE OFFICER,

6. ANIL KUMAR, S/O.PANKAJAKSHAN,

                For Petitioner  :SRI.K.M.JAMALUDHEEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :21/11/2007

 O R D E R
                           PIUS C. KURIAKOSE, J.
                           ---------------------------------
                           W.P.C 34327 OF 2007
                           --------------------------------
                 Dated this the 21tST day of November, 2007

                                   JUDGMENT

I do not propose to go into the merits of the grounds raised. The

petitioner was served with Ext.P8 order. According to the petitioner,

Ext.P8 is in violation of the order passed by the Revenue Divisional Officer

as Ext.P7. Since Ext.P7 order of the RDO has become final, it was not

proper on the part of the Panchayat Secretary to have issued Ext.P8 stop

memo which absolutely relies on the report by the Village Officer. But as

could be discerned from Ext.P8, it is only a show cause notice. Ext.P8,

invites explanation from the petitioner and the petitioner has already

submitted Ext.P9 explanation in response to Ext.P8.

The Writ petition will stand disposed of directing the 4th respondent to

hear the petitioner on Ext.P9 explanation and then only finalise the action

which is proposed as per Ext.P8. Decision as directed above shall be

taken by the 4th respondent at the earliest and at any rate within one

month of receiving a copy of this judgment. If the petitioner is desirous of

a hearing opportunity, it is open to the petitioner to make request in that

regard before the 4th respondent., in which case the same will be granted.

(PIUS C.KURIAKOSE, JUDGE)
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