IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 3409 of 2006(E) ------------------------------------ PETITIONER: ------------------- M.KUMARAN, S/O.LATE KELU MANIYANI, RESIDING AT KEKETHOTTI, PERUMBALA VILLAGE, KASARAGOD. BY ADV. SRI.M.SASINDRAN, ADV. SRI.T.P.ELDHO. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION, THIRUVANANTHAPURAM -33. 2. K.KUNHIRAMAN, S/O.AMBU, KEKETHOTTI, PERUMBALA VILLAGE, KASARAGOD. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1, ADV. SRI.K.G.GOURI SANKAR RAI FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3409/2006-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 22/03/2005. EXT.P.2: COPY OF THE APPLICATION DTD. 16/12/2005. EXT.P.2.A: COPY OF THE ENDORSEMENT OF THE COUNSEL OF THE R.2. DTD. 16/12/05. EXT.P.3: COPY OF THE ACKNOWLEDGEMENT CARD. EXT.P.4: COPY OF THE ORDER NO. LR.J2-26769/2005 DTD. 27/12/2005 PASSED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3409 OF 2006 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Challenge is on Exhibit P4 order passed by the first respondent. The issue pertains to the assignment of land. The main grievance of the petitioner is that though he is the affected party, he was not given an opportunity for hearing. Learned counsel for the second respondent submits that it is due to the non co-operation on the part of the petitioner, the impugned order happened to be passed and that in case the matter has been remitted for a fresh hearing, the second respondent will be unnecessarily put to hardship. 2. Having regard to the rival contentions and the stand taken in the writ petition, I am of the view that it is only in the interests of justice that an opportunity for hearing is given to the petitioner. Accordingly, Exhibit P4 is quashed with a direction to the first respondent to pass fresh orders in the matter after affording an opportunity for hearing to the petitioner and the second W.P.(C) No.3409/06 2 respondent and with a further condition that the petitioner shall pay cost to the tune of Rs.500/- (Rupees five hundred only) to the second respondent within two months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.3409/06 3 KURIAN JOSEPH, J. W.P.(C) No. 3409 OF 2006 J U D G M E N T 15.10.2008