IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 35976 of 2007(G) ------------------------------------- PETITIONER(S): ---------------------- M.MUHAMMED KABIR, S/O MUTHUMEERAN PILLA, AGED 48 YEARS, CHENKALAYIL HOUSE, VIZHINJAM P.O., TRIVANDRUM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, TRIVANDRUM. 3. THE TAHSILDAR, NEYYATTINKARA. 4. SHRI. N.SUDHAKARAN, SANTHASUDHA, BEACH ROAD, KOVALAM, TRIVANDRUM. ADV. SRI.P.GOPINATH FOR R4 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35976/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SOLVENCY CERTIFICATE DT. 27.3.03 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. P2:- COPY OF THE ORDER NO.A5-23076/05 DT. 3.11.07 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.S5-38220/05 DT. 23.10.07 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE JUDGMENT DT. 16.8.07 IN WPC. BNO.22730/07 OF THIS HONOURABLE COURT. P5:- COPY OF THE LETTER NO.55908/B2/06/RD DT. 21.2.07 ISSUED BY THE SIT RESPONDENT TO THE 2ND RESPONDENT. P6:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT 7.11.07. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.35976 of 2007 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Petitioner is aggrieved by Ext.P5 order passed by the first respondent. The main grievance is that the said order has been passed without notice to the petitioner though he is the interested and affected person. The issue pertains to the cancellation of the solvency certificate. There is no dispute regarding the submission that the petitioner was not given notice by the Government. Accordingly I quash Ext.P5 with a direction to the first respondent to consider the matter afresh with notice to the petitioner and the 4th respondent and pass fresh orders adverting to the contentions taken by the parties within a period of four months from the date of production of a copy of the judgment along with a copy of the writ petition. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.35976 of 2007 ----------------------------------- JUDGMENT 22nd October, 2008