This writ appeal arose from a judgment that disposed of a writ petition without giving the appellant an opportunity to contest. The Supreme Court held that this failure constituted a violation of natural justice and set aside the impugned order,
Writ appeal allowed; judgment under appeal set aside; writ petition posted for disposal after hearing all parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
WA.No. 1968 of 2010
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
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.
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.
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
1 issue framed by the court
Whether a writ petition disposed of without giving an opportunity to a respondent to contest violates natural justice?
1 provisions across 1 enactments
FRANCIS CHEMBOLA
BENNY JOSEPH
STATE OF KERALA
UNION OF INDIA
J.CHELAMESWAR
P.R.RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
