High Court Kerala High Court

Valsamma Joseph vs State Of Kerala on 13 September, 2007

Kerala High Court
Valsamma Joseph vs State Of Kerala on 13 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31601 of 2006(K)


1. VALSAMMA JOSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SMT.JOLLY JOSE,

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  :SRI.P.R.RAMACHANDRA MENON

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/09/2007

 O R D E R
                        S. SIRI JAGAN, J.
                  --------------------------------
                   W.P.(C)NO.31601 OF 2006
                 ----------------------------------
      DATED THIS THE 13th DAY OF SEPTEMBER, 2007


                            JUDGMENT

The petitioner is challenging Ext.P7 order. One of the

grounds raised is that before passing Ext.P7 order, the petitioner

had not been heard. The fact that the petitioner had not been

heard before passing Ext.P7 order is not disputed before me.

2. In the above circumstances, I quash Ext.P7 order and

direct the 1st respondent to reconsider the matter after affording

an opportunity of being heard to the petitioner and the 2nd

respondent. Fresh orders shall be passed within a period of two

months from the date of receipt of a copy of this judgment. I

make it clear that I have not considered the matter on merits and

it would be open to all concerned to raise all their contentions

including the contention of the petitioner that the representation

on which Ext.P7 order has been passed is not maintainable at all.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE
Acd