IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 20691 of 2008(L) ----------------------------------------- PETITIONER(S): ------------------------ K.P.SUKUMARAN, AGED 59 YEARS, S/O. LATE PULLAN, KARIPPURATH HOUSE, MOOLAMPILLY P.O., KADAMAKKUDY. BY ADVS.MR.N.RAGHURAJ, SMT.K.AMMINIKUTTY. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR,ERNAKULAM. 2. THASILDAR, KANAYANNUR TALUK,KOCHI 3. DISTRICT SURVEY DEPUTY DIRECTOR, ERNAKULAM 4. VILLAGE OFFICER, KADAMAKKUDY. *ADDL.R5 IMPLEADED: R5. THE KADAMAKUDY GRAMA PANCHAYAT, PIZHALA, ERNAKULAM DISTRICT, REPRESENTED BY SPECIAL GRADE SECRETARY. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 11/12/2008 IN I.A.NO.15594/08) R1 TO R4 BY GOVERNMENT PLEADER MR.P.M. PAULOSE ADDL.R5 BY ADV. MR.K.M.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20691/2008 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PATTA. P2: COPY OF ORDER CANCELLING PATTA. P3: COPY OF BASIC TAX PAID RECEIPT DTD. 13/08/2008. P4: COPY OF PATTA ASSIGNED 12.250 CENTS, P5: COPY OF 1ST AND 2ND PAGES OF RATION CARD OF PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20691/2008-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of February, 2010 J U D G M E N T Aggrieved by Ext.P2 order passed by the District Survey Deputy Director, this writ petition has been filed. The petitioner was assigned one acre of land for personal cultivation as per Ext.P1 patta. By Ext.P2, the same was cancelled. It is pointed out that the cancellation was without any notice to the petitioner. 2. Heard the learned counsel for the petitioner, the learned counsel appearing for the fifth respondent and the learned Government Pleader. 3. The learned Government Pleader pointed out that the allegation that Ext.P2 order was passed without hearing the petitioner was verified and it is seen that no personal hearing was granted at that point of time. 4. In that view of the matter, Ext.P2 is quashed. The second respondent will conduct a fresh hearing in the matter with notice to the petitioner and the additional fifth respondent. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms