IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 33202 of 2006(C) -------------------------------------- PETITIONER: ------------------- K.P.JOSEPH, AGED 68, S/O. POULO, KACHAPPILLY, AZHAKOM KARA, KARUKUTTY VILLAGE, ALUVA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR), ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, FORT KOCHI. 3. ADDITIONAL TAHSILDAR, ALUVA TALUK OFFICE, ALUVA. 4. VILLAGE OFFICER, KARUKUTTY VILLAGE OFFICE. 5. P.O.VAREETH, PUTHUVA, MOOKKANNUR P.O. BY GOVT. PLEADER SRI. MOHAMMED ANZAR .K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33202/2006-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER AND THE NEIGHBOURING PROPERTY. EXT.P.2: ORDER NO. C2-8960/04 DTD. 04/01/05 OF R.3. EXT.P.3: COPY OF THE COMPLAINT SUBMITTED BY R.5. AND OTHERS BEFORE THE R.2. ON 24/01/05. EXT.P.4: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE R.2. BEARING NO.K.196/06/ALY DTD. 27/01/06 UNDER THE LAND UTILISATION ORDER. EXT.P.5: COPY OF THE ORDER PASSED BY THE R.2. BEARING NO. M.5713/04 DTD. 06/11/06. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 33202 OF 2006 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T Petitioner is aggrieved by Exhibit P5 order passed by the second respondent. According to the petitioner, that matter had already been considered by the third respondent leading to Exhibit P2 order. Thereafter, the second respondent has passed Exhibit P5 order without notice to the petitioner though he is an affected party, and also without considering Exhibit P2. There is no counter affidavit. 2. Exhibit P5 is hence quashed with a liberty to the second respondent to consider the matter afresh with notice to the petitioner and fifth respondent, in which case, Exhibit P2 also will be taken into consideration. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 33202 OF 2006 J U D G M E N T 27.06.2008