IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 3795 of 2008(B) ------------------------- PETITIONER: ------------ MRS.RENU PAWELS, W/O.LATE PAWELS KURIAN, AGED 42 YEARS, FLAT NO.3 E, LINK HEIGHTS, PANAMPILLY NAGAR, KOCHI. BY ADV. SRI.SHAJI P.CHALY SMT.M.M.JASMIN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SURVEY DEPUTY DIRECTOR, IDUKKI. 3. THE DISTRICT COLLECTOR, IDUKKI. 4. THE TAHSILDAR, RAJAKUMARY VILLAGE, IDUKKI. 5. THE VILLAGE OFFICER, RAJAKUMARY VILLAGE, IDUKKI. BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 3795 of 2008 (B) ======================= Dated this the 15th day of February, 2008 JUDGMENT The petitioner has purchased some property as per registered sale deed of Sub Registrar's Office, Rajakumary. She obtained mutation of properties in her name and Thandaper account in respect of her property was opened by the revenue authorities. Now by Ext.P3 order, the proceedings of the superintendent of resurvey as well as the revenue authorities in opening Thandaper account in respect of the properties in the name of the petitioner have been cancelled on the allegation that there has been some foul play in the matter. The petitioner challenges Ext.P3 order on various grounds on merits as well as on violation of principles of natural justice. The petitioner would submit that Ext.P3 order has been passed without hearing the petitioner. The learned Government Pleader submits that although he is yet to receive any instructions as to whether the petitioner was afforded an opportunity of being heard or not, W.P.(C) No. 3795/2009/B -2- the 2nd respondent would reconsider the matter after affording an opportunity of being heard to the petitioner. In the above circumstances, I quash Ext.P3 order and direct the 2nd respondent to reconsider the matter and pass fresh orders after hearing the petitioner, with an opportunity to adduce evidence also if sought by the petitioner. However, I hasten to add that I have not considered the matter on merits on any aspect of the matter and the 2nd respondent would be free to consider all aspects of the case on merits on his own in accordance with law. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp