IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WA.No. 1968 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.26649/2010 Dated 20/09/2010 .................... APPELLANT/10TH RESPONDENT: ----------------------------------- FRANCIS CHEMBOLA, CHEMBOLA AMERICAN CENTRE, CORPORATE OFFICE, M.C.ROAD, THELLAKOM, KARITHAS JUNCTION, THELLAKOM.P.O., KOTTAYAM, PIN-686 016. BY ADV. SRI.C.M.KURIAN SMT. AYSHA RAHMAN RESPONDENTS/PETITIONER & OTHER RESPONDENTS: ----------------------------------------------------------- 1. BENNY JOSEPH, S/O.T.P.JOSEPH, RESIDING AT THETTAYIL HOUSE, RAINBOW, CENTANARY ROAD, KALOOR P.O., KOCHI-682 017. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT.OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, HEAD POST OFFICE P.O.,THIRUVANANTHAPURAM - 695 001. 3. THE DIRECTOR GENERAL OF POLICE, HEAD POST OFFICE P.O.,THIRUVANANTHAPURAM - 695 001. 4. SUPERINTENDANT OF POLICE, KOTTAYAM WEST P.O. - 686 002. 5. THE DY. SUPERINTENDANT OF POLICE, KOTTAYAM WEST P.O. - 686 002. 6. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR P.O., KOTTAYAM - 686 631. WA.No. 1968 of 2010 7. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM EAST P.O. - 686 001. 8. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF OVERSEAS INDIA AFFAIRS, AKBAR BHAVAN, CHANAKYAPURI P.O., NEW DELHI - 110 001. 9. THE PROTECTOR GENERAL OF IMMIGRANTS, GOVERNMENT OF INDIA, CHANAKYAPURI P.O., NEW DELHI-110 001. 10. THE PROTECTOR OF IMMIGRANTS, GOVERNMENT OF INDIA, SHANMUGHAM ROAD P.O., ERNAKULAM - 682 031. 11. SAM GEORGE, MOTOLIL HOUSE, PULLATTUKARA, KOZHANCHERRY VILLAGE, PATHANAMTHITTA, PRESENTLY RESIDING AT HOUSE NO.C10, GALAXY FLAT, LFC ROAD, KALOOR, KOCHI-17, P.O.KALOOR - 682 017. 12. JOSEPH JOSEPH @ KOCHUMON, SARPAKALATHIL VEETTIL, UPPOOTTIKAVALA, PUTHANANGADI VILLAGE, KOTTAYAM-686 631. R1 BY ADV. SRI. C.V. MANUVILASAN. R2 TO R7 BY SENIOR GOVERNMENT PLEADER, SMT.K. MEERA. R8 BY SRI.T.P.M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1968 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of November, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 20.09.2010 in W.P.(C) No.26649 of 2010, the 10th respondent in the said writ petition preferred the present appeal. 2. It may not be necessary to go into the factual details of this case. Admittedly, the writ petition was disposed of without giving an opportunity to the appellant herein to contest the writ petition. At paragraph 4 of the judgment under appeal the learned Judge recorded a finding that it is not necessary to issue notice to respondents 10 to 12 therein. In view of the said admitted fact, we are of the opinion that there is a failure of one of the basic requirements of principles of natural justice and therefore the judgment under appeal cannot be sustained. 3. The writ petitioner is already represented by counsel, Sri.C.V. Manuvilasan. Heard the learned counsel for the writ petitioner. WA No. 1968 of 2010 -:2:- The appeal is allowed. The judgment under appeal is set aside. The writ petition is ordered to be posted for disposal in accordance with law, after hearing all the parties to the writ petition. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb