IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 36455 of 2005(M) ------------------------------------------ PETITIONER(S): ------------------------- N.KAUMUDI, D/O.K.KRISHNAN, KAPPATHINGAL, PULLUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.B.R.MURALEEDHARAN SRI.P.N.ANOOP RESPONDENT(S): --------------------------- 1. THE COMMISSIONER, LAND REVENUE, TRIVANDRUM. 2. THE REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHANGAD. 3. THE SPECIAL TAHASILDAR (L.A), HOSDURG. 4. R.SAVITHRI, W/O.C.K.RAMAN, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1TO3 ADV. SRI.K.RAJEEVAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36455/2005 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGEMENT DTD. 30/06/05 IN O.P.N.18345/97 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE ORDER DTD. 22/08/84 OF THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER DTD. 5/10/04 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER DTD. 10/08/05 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.36455 of 2005 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P4 order passed by the first respondent Commissioner whereby the revision in the matter of land assignment was rejected. The main contention of the petitioner is that he was not given an opportunity for hearing though such an opportunity was directed to be given in Ext.P1 judgment. In the counter affidavit filed by the first respondent it is stated that despite notice the petitioner did not appear. Be that as it may in view of the averments in the original petition it is only appropriate that fresh opportunity is given to the petitioner. Accordingly Ext.P4 order is quashed with a direction to the first respondent to consider the matter afresh with notice to the petitioner and the 4th respondent on condition that the petitioner pays costs to the 4th respondent to the tune of Rs.1,000/- within a period of one month from today. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.36455 of 2005 ----------------------------------- JUDGMENT 29th October, 2008