IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 3476 of 2010(H) ------------------------- PETITIONER(S): --------------- T.A.SIMON, AGED 47, S/O.ANTONY THYKADAM HOUSE, WADAKKANCHERY, THRISSUR DISTRICT BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP BY THE SECRETARY TO THE GOVT.FINANCE DEPARTMENT GOVT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR 3. THE REVENUE DIVISION OFFICER COLLECTORATE, THRISSUR. 4. THE TAHSILDAR, THALAPPILLY TALUK OFFICE, THRISSUR DISTRICT. 5. THE VILLAGE OFFICER, KUMARANELLUR VILLAGE OFFICE, THRISSUR DISTRICT. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 3476 of 2010 -------------------------------------- Dated, this the 11th day of February, 2010 J U D G M E N T The petitioner is aggrieved of Ext.P3 order passed by the 3rd respondent on 03.11.2009, whereby interference was declined in Ext.P2 appeal without any regard to the mandate given by this Court in Ext.P1 order in RP No. 5/2009 in OP 2411/1999. 2. The learned Government Pleader appearing for the respondents submits that the existence of Ext.P1 order passed by this Court was not brought to the notice of the 3rd respondent while passing Ext.P3, finalising Ext.P2 appeal, and that there was absolutely no disobedience with respect to the contents of Ext.P1 in any manner. It is also submitted that the 3rd respondent is ready and willing to consider Ext.P3 on merits, in accordance with law, taking note of the observations made by this Court in Ext.P1. 3. After hearing both the sides, Ext.P3 order impugned in the Writ Petition is set aside and the 3rd respondent is directed to reconsider Ext.P2 appeal on merits in accordance with law and pass appropriate orders after giving an opportunity of hearing to the petitioner; which exercise shall be finalized as expeditiously as possible, at any rate, WP(C) No.3476/2010 2 within two months from the date of receipt of a copy of this judgment. The 'status quo' as on date will continue till finalization of the proceedings as above. P. R. RAMACHANDRA MENON JUDGE dnc