IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11342 of 2009(K) ------------------------------------- PETITIONER : ------------------- K.V.ALIAS, KAVALAKKAL HOUSE, VENGOLA P.O., MEMPRATHUPADI, PERUMBAVOOR. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, FORT KOCHI. 4. THE TAHSILDAR, ALUVA, ERNAKULAM DISTRICT. SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 11342 of 2009 ------------------------------------ Dated this the 6th day of April , 2009 JUDGMENT The petitioner filed an application under the Transfer of Registry Rules before the 4th respondent. On the application, Exhibit P2 order was passed. Aggrieved by Exhibit P2, he filed Exhibit P3 appeal before the second respondent. However, in the meanwhile, one Sri. N.K. Sundareswan, who was holding office of the 4th respondent, was promoted as Revenue Divisional Officer and occupied the post of R.D.O, Fort Cochin, before whom Exhibit P3 appeal was filed. 2. It is in these circumstances, this writ petition is filed complaining that the person who passed Exhibit P2 order will be hearing the appeal also. On that basis, the petitioner contends that the appeal should be made over to another person of competent jurisdiction, who shall dispose of the appeal. 3. It is the settled position of law that a person cannot sit in judgment over his own decision. Since the officer who is now posted as 3rd respondent is the person who passed the order, he cannot hear Exhibit P3 appeal filed against Exhibit P2 W.P.(C) No. 11342/ 2009 2 order. Therefore, the writ petition is disposed of directing the 3rd respondent to make over Exhibit P3 appeal to an officer in the rank of Revenue Divisional Officer for hearing and disposing of the same on an expeditious basis. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE scm