IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 23304 of 2006(Y) -------------------------- PETITIONER: ------------ LAZAR, S/O.VARGHESE, AGED 53 YEARS, RESIDING AT MARY BHAVAN, KANNANALLOOR, KOLLAM DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI RESPONDENTS: ------------- 1. ABDUL WAHAB, RESIDING AT ALFIA MANZIL, KANNANALLOOR, THAZHATHALA VILLAGE, KOLLAM DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOLLAM DISTRICT. BY ADV. SRI.R.KRISHNA RAJ FOR R1. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23304 of 2006(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ROUGH SKETCH SHOWING THE RELATIVE LOCATIONS OF THE PROPERTIES OF THE PETITIONER AND R1. EXT.P2: ORDER NO.G.6234/05 OF R2. RESPONDENT'S EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.23304 OF 2006 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T Challenge is on Exhibit P2 order passed by the second respondent. It is seen that the order happened to be passed since the petitioner did not appear when notice was issued by the second respondent. The issue pertains to the complaint made by the first respondent in the matter of alleged obstruction caused by the petitioner. 2. Having regard to the factual matrix, I am of the view that it is only appropriate that the second respondent gives a fresh opportunity to the petitioner. Accordingly, Exhibit P2 order is quashed with a direction to the second respondent to consider the matter afresh after affording an opportunity for hearing to the petitioner, first respondent and any other affected party. It is made clear that I have not adverted to the merits of the case and hence all contentions are left open. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 23304 OF 2006 J U D G M E N T 05.09.2008