IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 16905 of 2008(K) -------------------------- AA.625/1997 of APPELLATE AUTHORITY, KANNUR .................... PETITIONER: ------------ T.K.GANGAN MENON, S/O.P.K.K.MENON, THERAMBATTIL HOUSE, KASMABA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: ------------- 1. PALAT CHERUKARA JANARDHANAN, S/O.APPU, NELLIKODE AMSOM AND KOVOOR DESOM, KOZHIKODE. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.K.M.FIROZ FOR R1 GOVERNMENT PLEADER ADV. SMT. BINDU R. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner’s Exhibits:- Ext.P1:- True copy of the letter dated 4.10.2007 issued by the Appellate Authority Ext.P2:- True copy of the application to set aside the abatement dt. 10.8.2004 Okb/- //True Copy// P.A. to Judge M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO.16905 OF 2008 ------------------------------------------ Dated this the 25th day of June, 2008 JUDGMENT Petitioner is the appellant in A.A. 625 of 1997. This petition is filed under Article 227 of the Constitution of India for a direction to Appellate Authority, Kannur to consider afresh I.A. 271 of 2003 and A.A. 625 of 1997. Learned Government Pleader made available the records in A.A. 625 of 1997 which shows that I.A.271 of 2003 and I.A.272 of 2003 were dismissed by the Appellate Authority as per order dated 03.5.2005. In such circumstances the Appellate Authority cannot be directed to pass fresh order in the applications as sought for. If the petitioner applies for certified copy of the order the Appellate Authority is to issue the certified copy. If those orders are passed without hearing the petitioner, he is at liberty to seek review of the orders. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-