IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 24125 of 2011(M) ----------------------------------------- PETITIONERS: ------------------- JAGAL MOHAN,S/O.RAGHAVAN,AMRA 33, AMBADY MOOLA,THRIKKAKARA,KAKKANAD. BY ADV. SRI.K.A.SALIL NARAYANAN SRI.K.A.SHAJI MATHEW RESPONDENT(S): --------------- 1. THRIKKAKARA MUNICIPALITY,THRIKKAKARA, KAKKANAD,ERNAKULAM 682 030,REP.BY ITS SECRETARY. 2. THE MUNCIPAL COUNCIL, THRIKKAKARA MUNICIPALITY,THRIKKAKARA, KAKKANAD,ERNAKULAM 682 030. REP.BY ITS CHAIEPERSON. 3. C.KRISHNAN,S/O.CHANDRAN, SOUPARNIKA,AMRA 31,AMBADIMOOLA,THRIKKAKARA, KAKKNAD 682 030. ADV. SRI.S.SHANAVAS KHAN FOR R1-2 SRI.M.M.MONAYE FOR R3 SRI.M.PAUL VARGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.)(C).NO.24125/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE TITLE DEED PERTAINING TO THE PETITIONER'S PROPERTY. EXT.P2 TRUE COPY OF THE PATTAYAM ISSUED IN THE NAME OF THE PETITIONER'S PREDECESSOR-IN-INTEREST. EXT.P3 TRUE COPY OF THE JUDGMENT IN W.P.(C0./33413/10. EXT.P4 TUE COPY OF THE ORDER OF THE IST RESPONDENT DTD. 15/3/2011. EXT.P5 TRUE COPY OF THE APPEAL ALONG WITH STAY PETITION. EXT.P6 TRUE COPY OF THE RECEIPT EVIDENCING THE FILING OF EXT.P5 APPEAL. EXT.P7 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE TAHSILDAR, KANAYANNUR TALUK TO THE IST RESPONDENT. EXT.P8 AUTHORIZATION ISSUED BY THE IST RESPONDENT DTD. 29/8/2011 (ORDER CHALLENGED, PHOTOCOPY OBTAINED UNDER THE R.T.I. ACT). TRUE COPY P.S. TO JUDGE kcv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 24125 OF 2011 ------------------------------- DATED THIS THE 17TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P8 order, for a direction commanding the 2nd respondent to hear the petitioner on Ext.P5 before taking any action pursuant to Ext.P4 and for other incidental reliefs. 3. In the statement filed by Respondents 1 and 2, it is stated that the appeal preferred by the petitioner challenging Ext.P4 notice was heard by the Municipal Council and was dismissed on 14/6/2011. It is further stated that due to the inadvertent omission the order was not communicated to the petitioner. It is not disputed that the petitioner was not heard by the Appellate Authority at the time of considering the appeal or at the time of passing the order dismissing the appeal. In the aforesaid circumstances, Ext.P8 is quashed. A direction is issued to the 2nd respondent to re-consider Ext.P5 -2- W.P.(C).No.24125/2011 appeal with notice to the petitioner and the 3rd respondent and pass appropriate orders thereon, after affording an opportunity of being heard to them, within a period of two months from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- W.P.(C).No.24125/2011