IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10748 of 2009(K) ---------------------------------------------- PETITIONER(S): ---------------------- MANOJ KURIAKOSE, AGED 37, S/O. LATE KURIAKOSE, KUTTOMPARAMBIL HOUSE, AMACHADITHURUTH, POOTHOOTA P.O., THRIPUNITHURA. BY ADV. SRI.E.M.JOSEPH RESPONDENT(S): ------------------------- 1. THE ADDL. DISTRICT MAGISTRATE, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. THE ASST. ESECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB , THRIPUNITHURA. 3. A.T. VELAPPAN, AMACHADITHURUTHIL HOUSE, POOTHOTTA P.O., THRIPUNITHURA, 4. CICILY FRANCIS, KOOLIYATTIL HOUSE, MARKET ROAD, THRIPUNITHURA. R1 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R2 BY SRI.P.P.THAJUDEEN, SC, KSEB R3 & R4 BY ADV. SRI.MOHAN PULIKKAL FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 10748 OF 2009 K -------------------------------------- Dated this the 2nd April, 2009 JUDGMENT Heard the learned counsel for the petitioner, learned standing counsel for the KSEB, learned Government Pleader and also Shri Mohan Pulikkal, learned counsel appearing for respondents 3 and 4. This Writ Petition is disposed of at the admission stage by consent of the parties. 2. The main complaint raised by the petitioner is that the petitioner was not heard. According to petitioner, he was served with a notice dated 20.2.2009 to appear before the Additional District Magistrate on 05.3.2009. When he went there, there was no Authority and however, an order dated 07.2.2009 is passed. Counsel for petitioner points out that Ext.P4 is seen dated 07.2.2009. But, I feel that in the interest of justice and to give a quietus to the matter, it is necessary that the petitioner is given an opportunity of being heard. Accordingly, the Writ Petition is allowed and Ext.P4 is quashed. Petitioner, WPC.10748/09 K 2 respondents 3 and 4 or their representatives and the second respondent shall be present before the first respondent at 11 AM on 20.4.2009 and the first respondent will proceed to hear the parties and take a decision in accordance with law within a period of two weeks thereafter. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge