IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26528 of 2008(G) -------------------------- PETITIONER: ---------------- MUHAMMED BASHEER, S/O. MUHAMMED, THEKKEPEDIKAYIL, CHALISSERI, PALAKKAD DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, SURENDRAN, S/O. RAGHAVAN, AGED 42 YEARS, CHITTATHU HOUSE, KECHERI.P.O, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. BY GOVT.PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 26528 OF 2008 G ==================== Dated this the 4th day of September, 2008 J U D G M E N T Petitioner submits that Ext.P2 revision was scheduled to be heard on 20th of June, 2008 and that a notice in this behalf was received from the 2nd respondent. However, it is stated that since that was a harthal day, he could not reach the venue of hearing and that resulted in Ext.P5 order rejecting his revision without affording him an opportunity of hearing. It is in this background, writ petition has been filed. 2. Learned Government Pleader confirms that a harthal was declared on that day and if that be so, I cannot find fault with the petitioner for not appearing before the 2nd respondent on 20th of June, 2008 , to which date Ext.P2 was posted. Therefore, I have to conclude that Ext.P5 has been passed without an opportunity of hearing to the petitioner and on that ground I am inclined to set aside Ext.P5 and direct reconsideration of Ext.P2. In view of the above facts, the writ petition is disposed of quashing Ext.P5 and directing that Ext.P2 revision shall be considered by the 2nd WPC 26528 /08 :2 : respondent with notice and opportunity of hearing to the petitioner. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp