IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 3336 of 2010(N) --------------------------------------- PETITIONER(S): ------------------------- 1. MARIMUTHU,S/O. RAMER,CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 2. S.STEPHEN.S/O.SELVARAJ, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 3. P.M.MUNIANDY, SON OF PANDI, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 4. S,KARUPPASAMY, SON OF SINGAKUTTY, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 5. ANNAMMA MANIKYARAJ, W/O.LATE MANIKYARAJ, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 6. MICHAEL RAJ. S/O.LATE MANIKYARAJ, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 7. REETHA.M,D/O..LATE MANIKYARAJ, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 8. K.PALANI, SON OF KALIAPPAN, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 9. P.CHACKO,SON OF K.T.PATHROSE, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. 10. MURUGESAN.M,SON OF MUNISWAMY, CHINNAKANAL P.O, CHINNAKKANAL, IDUKKI. BY ADV. MR.P.RAMAKRISHNAN Kss ..2/- ..2... WPC.NO.3336/2010 N RESPONDENT(S): ---------------------------- 1. THE TAHSILDAR,UDUMBANCHOLA, IDUKKI DISTRICT. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE COMMISSIONER,LAND REVENUE, PUBLIC BUILDING,THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR. SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R.RAMACHANDRAN NAIR, J. ===================================== W.P(C) No. 3336 of 2010 =========================================== Dated this the 15th day of February, 2010 ============================================ J U D G M E N T Aggrieved by Ext.P18 order passed by the District Collector, whereby the order dated 17/11/2009 of the Tahsildar stands confirmed, this writ petition has been filed. The main allegation is that the petitioners were not given adequate opportunity in the matter before passing the order. 2. The averments in the writ petition in paragraph-17 to 19 are that the matter was being posted before the District Collector on different dates and the petitioners were appearing through their counsel. There was a posting on 30/9/2009 and based on the adjournment application, it was again posted to 15/10/2009. It is pointed out that the matter was again adjourned to 7/11/2009 and then to 24/11/2009. The counsel for the petitioner was held up in a case before the District Court, Thodupuzha and on that day W.P(C) No. 3336 of 2010 -2- he informed the 2nd respondent's office over telephone at 2 'O' clock that he will not be able to attend the hearing on the said date and that the matter may be adjourned to another date. 3. But without giving any further opportunity in the matter, the petitioners were served Ext.P18 order passed by the District Collector. 4. The operative portion of the order shows that the appeal filed by the petitioner has been rejected confirming the order passed by the Tahsildar dated 17/11/2009. 5. The learned Government Pleader on instructions submitted that sufficient opportunity was given to the petitioners by the District Collector. 6. The impugned order is dated 24/11/2009. It is clear from paragraph-9 from the writ petition that the petitioner's counsel had sought for further time on that day also. It is not a case where the parties were present on that day. Therefore, neither the petitioners nor the counsel for the W.P(C) No. 3336 of 2010 -3- petitioners were present on that day, for arguing the matter. Therefore, it is a case were the order is passed finally without hearing them on 24/11/2009. 7. The learned counsel appearing for the petitioner submitted that the petitioners require a further hearing to appraise the real position especially since various civil suits are pending. It is also submitted that they have not been communicated with the order passed by the Tahsildar dated 17/11/2009, which is referred to in Ext.P18 order. Actually they had approached the District Collector by way of Ext.P12 and other representations and not by way of an appeal against an order passed by the Tahsildar. 8. The writ petition is disposed of with the following directions: Ext.P18 is quashed. Both sides agreed that the hearing may be on a date fixed by this Court. There will be a direction to the petitioners to appear before the District Collector, either in person or through their counsel, on 4/3/2010 at 2p.m for a W.P(C) No. 3336 of 2010 -4- hearing of the matter. There will be a further direction to the District Collector to communicate the order passed by the Tahsildar dated 17/11/2008, which is mentioned as Ext.P18, well in advance to the petitioners for enabling them to file their objections/statements in the matter. The petitioners will produce a copy of this Judgment for compliance before the 2nd respondent. The writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE nl