IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 34611 of 2007(U) ---------------------------------- PETITIONER: ---------------- V.K.PURUSHAN, AGED 59, S/O V.S.KRISHNAN, SIVALAYAM, VELIYIL HOUSE, KUMBALAM, ERNAKULAM. BY ADV. SRI.N.RETHEESH SMT.SUMA RETHEESH SRI.RENI KOMATH BHASKARAN RESPONDENTS: ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 5. M/S SYNTHITE INDUSTRIAL CHEMICALS LTD., AJAY VIHAR, M.G.ROAD, KOCHI-16, REPRESENTED BY ITS MANAGER(ADMN), SRI. JIJU VARGHESE, S/O P.G.GEEVARGHESE. BY ADV. SRI.C.T.JOSEPH FOR R5 SRI.ROSHIN IPE JOSEPH SRI.JOE POLLAYIL GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34611/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the APPLICATION DATED 11.7.07 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT. P2 : COPY OF THE LETTER DATED 7.8.07 FROM THE VILLAGE OFFICER. EXT. P3 : COPY OF THE REPRESENTATION DATED 5.11.07 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 TO 4. EXT. P3 IN I.A. 167/08: COPY OF THE APPLICATION 19.9.07 SUBMITTED BY THE PETITIONER TO the CHIEF INFORMATION OFFICER. EXT. P4 IN I.A. 167/08: COPY OF THE LETTER DATED 28.11.07 FROM THE DISTRICT COLLECTOR IN REPLY TO EXT. P3. 5TH RESPONDENT'S EXHIBITS: EXT. R5(a) : COPY OF JUDGMENT DATED 5.6.07 IN W.P.(C) No.3255/2007(K) BEFORE THE HON'BLE HIGH COURT OF KERALA. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.34611 OF 2008 ---------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Although the petitioner seeks several reliefs, he now confines his relief for a direction to the 3rd respondent to consider and dispose of Ext.P3 representation in respect of the claims of the petitioner. This is opposed by the learned counsel appearing for the 5th respondent. He would submit that the matter is already covered by earlier judgments and therefore there is no occasion to reconsider the same. I am of opinion that even the question as to whether the matter is covered by the earlier judgments can be raised by the 5th respondent before the 3rd respondent which the 3rd respondent is bound to consider at the time of disposal of Ext.P3 . Accordingly, this writ petition is disposed of with the following directions. The 3rd respondent shall consider and pass orders on Ext.P3, after affording an opportunity of being heard to the petitioner as well as the 5th respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a W.P.(c)No.34611/07 2 copy of this judgment. It would be open to the 5th respondent to contend before the 3rd respondent that in view of the earlier judgments in the matter, it is not necessary to reconsider the matter and the District Collector shall consider that aspect also while disposing of Ext.P3. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.34611/07 3