IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 9625 of 2010(C) ------------------------- PETITIONER: --------------- SUDHAKARA PANICKER,S/O.NANU,AGED 56 YRS, RESIDING AT PALLIKKAVADAKKETHIL,CHENNITHALA, THRIPPERUMTHARA,MAVELIKARA,ALAPPUZHA DISTRICT. BY ADV. SRI.SURAJ.S SRI.VINOD CHANDRAN. R SRI.NIRMAL V NAIR RESPONDENTS: --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,KSEB,KOLLAKADAVU. 2. RAJAN,PALLIKKAVADAKKETHIL,CHENNITHALA, THRIPPERUMTHURA,MAVELIKKARA. 3. THANKACHAN,ALAPPAT THARAYIL,CHENNITHALA, THRIPPERUMTHURA,MAVELIKARA. 4. THE ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA. *ADDL.5. SUMA RAJAN, W/O. RAJAN , PALLICKAVADAKKETHIL, THRIPPERUMTHURA, P.O. CHENNITHALA , MAVELIKKARA. (ADDL. R5 IS IMPLEADED AS PER ORDER DATED 07.04.2010 IN I.A.No. 5089 OF 2010) R1 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R4 BY GOVERNMENT PLEADER ADV. MR. MATHEW GEORGE VADAKKEL. BY ADV.MR..S.SUBHASH CHAND FOR ADDL.RESPONDENT . SMT.M.P.MARY FOR ADDL.RESPONDENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9625 of 2010(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE OBJECTION FILE DBY THE PPETITIONER BEFORE THE 4TH RESPONDENT. EXT.P2 : A TRUE COPY OF TH E MAP SHOWING THE ALTERNATIVE ROUTE PROPSOED BY THE PETITIONER. EXT.P3 : A TRUE COPY OF THE ORDER DAT ED 03.03.2010 ISSUED BY THE 4TH RESPONDENT. /TRUE COPY / P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 9625 OF 2010 ......................................................................... Dated this the 7th April , 2010 J U D G M E N T The petitioner has approached this Court challenging Ext. P3 order passed by the 4th respondent, which, according to the petitioner, is not in conformity with the actual facts and figures. Many a ground has been raised in the Writ Petition, in support of the case. 2. Heard the learned Standing Counsel appearing for the respondent Board, as well as the learned Government Pleader appearing for the 4th respondent. The wife of the second respondent has sought to get herself impleaded as Additional 5th respondent by filing I.A.No.5089 of 2010 and the learned Counsel appearing for the additional respondent has also been heard, on allowing the same. 3. The parties before this Court conceded that the matter could be caused to be reconsidered by the 4th respondent W.P.(C) No. 9625 OF 2010 2 after setting aside Ext.P3 order and after giving an opportunity of hearing to all concerned. It is also brought to the notice of this Court that the third respondent had not appeared before the 4th respondent nor had he filed any statement of objection before passing Ext. P3. 4. In the said circumstance, taking note of the above submissions, this Court finds it fit and proper to have the matter re-considered . Accordingly, Ext. P3 is set aside and the 4th respondent is directed to consider the matter afresh and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to all concerned. The matter shall be finalised as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk