IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 28896 of 2009(F) -------------------------- PETITIONER: --------------- K.S.SIDHARDHAN, KAPPATHIL VEEDU, VYASAGIRI, PARLIKKAD. BY ADV. SRI.JIJO PAUL RESPONDENT(S): --------------- 1. P.S.MANI, PULLANIPARAMBATH HOUSE, PARAKKADU, ELAVALLY.P.O, CHITTATTUKARA, THRISSUR. 2. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. ADDITIONAL DISTRICT MAGISTRATE, THRISSUR. BY ADV. SRI.T.M.ABDUL LATHEEF FOR R1 GOVT.PLEADER SHRI K.RAMESH FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.28896/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF NOTICE NO.LR(A)5-41518/2008 DATED 25.8.09 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO.A5-41518/2008 DATED 29.9.09 PASSED BY THE 2ND RESPONDENT. EXT.R1(A): TRUE COPY OF THE MASS PETITION DATED 30.7.07 SUBMITTED BY THE 3RD RESPONDENT. EXT.R1(B) TRUE COPY OF THE JUDGMENT DATED 25.8.08 PASSED BY THIS COURT IN W.P.(C)No.19924/08. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.28896 OF 2009 F ----------------------------------------------------- DATED THIS THE 17th DAY OF MARCH, 2010 J U D G M E N T Aggrieved by Exhibit P2 order passed by the Land Revenue Commissioner, the petitioner has filed this Writ Petition. As per Exhibit P2 order dated 29.9.2009, the Land Revenue Commissioner has issued an order directing the Additional District Magistrate to examine various issues. Mainly it is contended that the notice for hearing of the appeal was received by the petitioner late and therefore the petitioner could not appear for the hearing. 2. Exhibit P1 is the notice, wherein it is mentioned that the appeal will be heard on 12.11.2009 at 11 a.m. The learned counsel appearing for the 1st respondent submitted that no prejudice will be caused by hearing of the matter by the lower authority, as it is an open remand and every one of the issues are liable to be considered by the authority. It is also pointed out that the petitioner had participated in the subsequent proceedings which were pending before the Additional District W.P.(C)No.28896/2009 -2- Magistrate pursuant to the order of remand and therefore purely for the technical objection raised in the Writ Petition, Exhibit P2 order need not be set aside. 3. The learned counsel for the petitioner submitted now that the matter may be directed to be considered by the Additional District Magistrate after granting an opportunity for hearing afresh. There will be a direction to the 3rd respondent to rehear the parties and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn