IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 19287 of 2009(E) --------------------------------------- PETITIONER: ------------------- K.K.V.JANAKI AMMA,D/O.LATE UCHIRA AMMA, PERINTHATTA NORTH,ARAVANCHAL,PAYYANNUR,KANNUR. BY ADV. MR.M.V.AMARESAN. RESPONDENTS: ------------------------ 1. RESURVEY SUPERINTENDENT,PAYYANNUR. 2. DISTRICT SURVEY SUPERINTENDENT,KANNUR. 3. K.K.V.KUNHIKRISHNAN,S/O.PILAKKA KRISHNAN, KANAKIZHAKKE VEETTIL,P.O.PERINTHATTA, KANNUR. 4. VILLAGE OFFICER,PERINGOME P.O.,KANNUR. R1, R2 & R4 BY GOVT. PLEADER MR. P.N. SANTHOSH, R3 BY ADV. MR.KALEESWARAM RAJ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.19287 of 2009-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. JUDGMENT 1.Notice to the third respondent is dispensed with preserving his right to seek re-hearing of this writ petition, if aggrieved by the directions being issued hereunder. 2.The petitioner faces Ext.P5 issued without hearing her. It is pointed out that the said order has been issued merely on account of objections and not on the basis of documents. The learned counsel for the petitioner states that it was necessary that his client was given an opportunity of pre-decisional hearing. 3.Taking the submissions into consideration and to expedite the resolution of the dispute, Ext.P5 is quashed and the first respondent is directed to WPC19287/09 -: 2 :- re-consider Ext.P3 after hearing the necessary parties, including the petitioner and the third respondent. The parties will be given an opportunity to produce further materials. Let a final decision follow within four months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/131009