IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WA.No. 2059 of 2009 -------------------------- AGAINST THE JUDGEMENT IN WPC.10656/2006 Dated 15/07/2009 .................... APPELLANT/4TH RESPONDENT -------------------------------------------- A.RAJASEKHAR, THENCOTTUPUTHEN VEEDU, PUNNAMUKKU, PERUMPUZHA, KUNDARA, KOLLAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER T.K.RADHAKRISHNAN, S/O.LATE K.R.KRISHNA PILLAI, 'AMBADY', PERUMPUZHA P.O., KUNDARA, KOLLAM DISTRICT. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE & ADV. SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENTS/PETITIONERS AND OTHER RESPONDENTS ----------------------------------------------------------------------------------- 1. G.VASANTHAKUMARI AMMA, DEVI AUTOMOBILES, PUNNAMUKKU, KUNDARA, KOLLAM DISTRICT. 2. K.MURALEEDHARAN NAIR, DEVI AGENCIES, KUNDARA, KOLLAM DISTRICT. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KOLLAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, TRANSMISSION CONSTRUCTION SUB DIVISION, KERALA STATE ELECTRICITY BOARD, KUNDARA, KOLLAM DISTRICT. 5. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. R1 & R2 BY ADV. SRI.ELVIN PETER R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 & R5 BY STANDING COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2059 of 2009 ------------------------------------------ Dated this the 30th day of September, 2009 JUDGMENT A.K.Basheer, J. We have heard Sri.T.Krishnan Unni, learned senior counsel for the appellant and Sri.C.K.Karunakaran, learned Standing Counsel appearing for respondents 4 and 5 and we have perused the entire materials available on record. 2. Learned senior counsel appearing for the appellant submits that the appellant will be satisfied if the entire matter is considered by respondent No.3 untrammelled or uninfluenced by any of the observations made by the learned Single Judge. In other words, the prayer is that the authority concerned, namely the District Magistrate, should apply his mind afresh in respect of all the issues involved in the matter and take an independent decision in accordance with law and with reference to the materials available on record. We W.A.No.2059 of 2009. - 2 - do not find any reason why that prayer cannot be allowed. In our view, the prayer is only just and proper in the peculiar facts and circumstances of the case. Respondent No.3 shall dispose of the matter afresh in accordance with law untrammelled or uninfluenced by any of the observations made by the learned Single Judge and after affording sufficient opportunity to be heard to all the parties concerned as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Writ appeal is disposed of in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns