IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 30038 of 2008(A) --------------------------------- PETITIONER(S): ------------------- UNNIKRISHNAN.V.V., S/O.VASUDEVAN, KARIMANA MATTOM, P.O.PERINJANAM, THRISSUR DISTRICT BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DEPUTY COMMISSIONER, HR & CE, KOZHIKODE. 3. POKKANI NARAYANAN KUTTY MENON, MANAGING TRUSTEE, SRI.TRIPPEKULAM SHIVA KSHETHRAM, PAPPINIVATTAM VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. 4. THE COMMISSIONER, HR & CE, KOZHIKODE. R1 BY SR. GOVT.PLEADER R. LAKSHMI NARAYANAN R2 & R4 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.30038 OF 2008 ------------------------------------------- Dated this the 8th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner, a 'Kazhakam' of a temple, of which, the third respondent is the Manging Trustee, challenged Ext.P1, an unsigned order stated to have been issued by the said respondent by filing an appeal before the Deputy Commissioner, HR & CE. Ext.P4, the affidavit of the Advocate who appeared for the petitioner before the Deputy Commissioner stands to say that an interlocutory order was passed (could be even oral), but no such order is seen written down. Whatever that be, the officer who is stated to have issued Ext.P1 is no more in service. We, therefore, direct the authority before whom the appeal is pending to take it up, consider and pass orders thereon, adverting to all contentions of the petitioner, after giving him an opportunity of being heard. Let final orders be issued within a period of four weeks from the date of receipt of a copy of this WPC.30038/08 2 judgment. The petitioner is directed to appear before the second respondent on 14.09.2010, so that separate notice need not be issued and the second respondent will be able to fix the date of hearing appropriately. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.8/09.