IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 2538 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------ 1. SABU, AGED 42, S/O. ALIAS, KURUMOLATH HOUSE (THAZHATHEMOLATH), NORTH MAZHUVANNOOR KARA, MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK. 2. BINU, W/O. SABU, KURUMOLATH HOUSE, NORTH MAZHUVANNOOR, AIRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DIST. BY ADVS. MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO DEPARTMENT OF REVENUE, SECRETARIATE, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 3. JOINT SECRETARY, AGRICULTURE (NCA), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. K.O. GEORGE, KIZHAKKUPARAYIL HOUSE, NORTH MAZHUVANNOOR, AIRAPURAM. 5. M.M. SIDDIQUE, S/O. MUHAMMED, MANAKKAKUDY HOUSE, PATTIMATTOM P.O., 6. SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 & R6 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA R4 BY ADV. SMT.SANDHYA RAJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2538/2009 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PARTITION DEED NO.163 DTD. 12/01/87. EXT.P2: COPY OF SALE DEED NO.2478 DTD. 15/07/02. EXT.P3: COPY OF ORDER NO.A9-804/05 DTD. 31/08/06 PASSED BY THE 2ND RESPONDENT. EXT.P4: COPY OF ORDER NO.L.R(A1) 35178/07 DTD. 12/12/07 PASSED BY COMMISSION OF LAND REVENUE, THIRUVANANTHAPURAM. EXT.P5: COPY OF PETITION SUBMITTED BY 1ST PETITIONER BEFORE 2ND RESPONDENT ON 7/03/08. EXT.P6: COPY OF ORDER NO.A9-804/05 DTD. 8/01/08 PASSED BY 2ND RESPONDENT. EXT.P7: COPY OF REVISION PETITION FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF STAY PETITION FILED BY 1ST PETITIONER ALONG WITH EXT.P8. EXT.P9: COPY OF THE JUDGMENT IN WP(C) 10603/08 OF THIS HON'BLE COURT. EXT.P10: COPY OF THE ORDER G.O.(RT) 2727/08/AD DTD.26/12/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 2538 of 2009 ------------------------------------ Dated this the 27th day of February, 2009 JUDGMENT Challenge in this writ petition is against Exhibit P10, an order passed by the Joint Secretary to first respondent on a revision filed by the petitioner against the order passed by the Land Revnue Commissioner under provisions of the Kerala Land Utilization Order. 2. According to the petitioner, in respect of 50 cents of land held by them, the proceedings were initiated by the second respondent under the Kerala Land Utilisation Order, resulting in Exhibit P6 order. Against that order Exhibit P7 revision was filed by the petitioner before the first respondent. It is the said revision was disposed of by Exhibit P10. It is challenging this order, this writ petition has been filed. 3. The main complaint that is now raised is that Exhibit P10 order was passed by the Joint Secretary to the first respondent and that as is stated in Exhibit P10 itself, the petitioners were heard by the Secretary (Agriculture) to the first respondent. Thus the complaint is that order has been passed by a person, who did not heard the petitioners. W.P.(C) No. 2538 / 2009 2 4. I heard the counsel appearing for the 4th respondent also. 5. A reading of Exhibit P10 shows that it was the Secretary (Agriculture), who heard the parties and order has been passed by the Joint Secretary. It is the settled principle of natural justice that the person who hears the parties, must himself pass orders also. In this case the fact that the order has been passed by an authority, who has not heard the parties is obvious and for that reason, I am inclined to set aside Exhibit P10. Accordingly, Exhibit P10 will stand set aside and the 6th respondent is directed to reconsider Exhibit P7 revision filed by the petitioner against Exhibit P6 order. After hearing the parties, orders shall be passed as expeditiously as possible, at any rate, within eight weeks of production of copy of this judgment. In the meanwhile, stay of further proceedings pursuant to Exhibit P6 order, passed by this Court on 23/01/2009 will remain in force. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm