IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 35482 of 2008(Y) ------------------------------------------ PETITIONER(S): ------------------------ PULLIKKUNNU KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.NO.D.1940(APCOS), PALLIKKUNNU PO., KALPATTA, WAYANAD. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------------ DEPUTY DIRECTOR, DAIRY DEVELOPMENT DEPARTMENT, KALPATTA, WAYANAD. *ADDL.R2 TO R12 ARE IMPLEADED: R2. JOY THOMAS, S/O.THOMAS, PANTHAPLAKKATTIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. R3. JOHN.P.J., PUTHUPARAMBIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. R4. MATTHUKUTTY .P.T., PANTHAPLAKKATTIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. R5. VALSAMMA MATHUKUTTY, PANTHAPLAKATTIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. R6. THOMAS K.M., KIZHAKEKALAYIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. Kss ..2/- ...2.... WPC.NO.35482/2008 Y R7. SUNNY JOSEPH, NEIDYAKALAYIL HOUSE, PALLIKKUNNU P.O., PIN – 673 121, ANCHUKUNNU VILLAGE, WAYANAD DISTRICT. R8. JOHNY V.A., VELLACHIMOOLA HOUSE, PALLIKKUNNU P.O., PIN – 673 121, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT. R9. ANTONY V.A., VELLACHIMOOLA HOUSE, PALLIKKUNNU P.O., KANIAMBATTA VILLAGE, WAYANAD DISTRICT. R10. THOMAS P.J., PUNNANTHANATH HOUSE, PALLIKKUNNU P.O., PIN – 673 121, ANCHUKUNNU VILLAGE, WAYANAD DISTRICT. R11. JOSEPH K.O., KATTHATHARA HOUSE, PALLIKKUNNU P.O., PIN – 673 121, ANCHUKUNNU VILLAGE, WAYANAD DISTRICT. R12. M.M.DEVASSIA, MARUTHANANIYIL HOUSE, P.O.EACHOM, WAYANAD DISTRICT. (*ADDL.R2 TO R12 ARE IMPLEADED AS PER ORDER DTD. 12/12/2008 IN I.A.NO.15731/2008) GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35482 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of December, 2008. JUDGMENT 1.Having regard to the nature of the directions being issued hereunder, notice to the impleaded additional respondents is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2.Heard learned counsel for the petitioner and the learned Government Pleader. The one fundamental issue raised is that the impugned Ext.P7 has been issued without hearing the petitioner. The fact remains that even going by Ext.P7, the petitioner was given the opportunity of hearing and it also made written submissions. However, the plea is only that the petitioner was not given an opportunity of WP(C)35482/08 -: 2 :- personal hearing. It appears that it is a case where the petitioner did not avail of any such opportunity. All that is projected is that if there was an opportunity of such hearing, the matter would have been settled amicably with the petitioner scoring up the problem in the presence of the additional respondents. Under such circumstances, the first respondent is directed to convene a conference of the petitioner and the additional respondents and discuss to find out a viable solution even by the petitioner rectifying any procedures and proceedings. If that is found feasible, the first respondent will alter Ext.P7 as may be necessary to finally resolve the issues between the parties. All other issues left open. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/121208