Y.Krishnakumara Menon vs State Ofkerala on 3 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1125 of 1998(F)



1. Y.KRISHNAKUMARA MENON
                      ...  Petitioner

                        Vs

1. STATE OFKERALA
                       ...       Respondent

                For Petitioner  :SRI.U.K.RAMAKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :03/07/2007

 O R D E R
                         PIUS C. KURIAKOSE, J.
                          -------------------------------
                        C.R.P. No. 1125 OF 1998
                        -----------------------------------
                   Dated this the 3rd day of July, 2007

                                  O R D E R

Sri.U.K. Ramakrishan, learned counsel for the petitioner submits

that the Chairman of the Taluk Land Board had assured to the petitioner

that the petitioner will be informed about the next posting date of the

case when he appeared last time which was on 14.05.98 and that it was

without issuing any notice to the petitioner that the Taluk Land Board

issued the impugned order. The learned Government Pleader would

submit that it was the duty of the petitioner to have checked up with the

office of the Taluk Land Board about the posting date. I do not propose

to settle the above controversy. But the important aspect is that the

impugned order has been passed without hearing the petitioner.

Accordingly, I set aside the impugned order and remand the case back

to the Taluk Land Board. The Taluk Land Board will issue notice to all

affected parties and take a fresh decision in accordance with law. It is

open to the petitioner to raise all grounds which are available to him

before the Taluk Land Board. The order of stay will continue till such

time as the Taluk Land Board takes a fresh decision.

                                          PIUS C. KURIAKOSE, JUDGE
btt

WPC    2