The Court set aside an order cancelling a resurvey approval issued without notice to the petitioners, holding it a violation of natural justice, and directed reconsideration with notice.
The order dated 5.10.2010 setting aside Ext.P2 is quashed; the second respondent to reconsider the application with notice to petitioners within eight weeks.
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
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933
WP(C).No. 3741 of 2011(P)
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PETITIONER :
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1. K.M.RAMANI, WIFE OF LATE K.SIVASANKARAN NAIR, AGED 60 YEARS, JAYALAKSHMI NIVAS, THEKKETHARA, AYLUR.P.O., PALAKKAD.
2. K.M.JAYALAKSHMI, JAYALAKSHI NIVAS, THEKKETHARA, AYLUR.P.O., PALAKKAD.
BY ADVS. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR
RESPONDENTS :
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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, G.P.O- 695 001.
2. THE DIRECTOR OF SURVEY, SURVEY AND LAND RECORDS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, G.P. 695 001.
3. THE DEPUTY DIRECTOR(SURVEY), PALAKKAD- 678 510.
4. THE ASSISTANT DIRECTOR OF RESURVEY, OFFICE OF ASSISTANT DIRECTOR OF RESURVEY, OPPOSITE TO TOWN RAILWAY STATION, PALAKKAD - 678 510.
5. SUPERINTENDENT (RE-SURVEY),PALAKKAD - 678 510.
6. M.KANDAMUTHEN, PAYYANGOTTIL, KAYARADI.P.O., ADIPARANDA, CHITTOOR, PALAKKAD-678 510.
GOVERNMENT PLEADER SMT.SANGEETHA FOR R1 TO R5 ADV. SRI. NAVEEN.T FOR R6
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
WP(C).No. 3741 of 2011(P)
APPENDIX
PETITINOER'S EXHIBITS:
| EXHIBIT P1 | : | COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY HELD BY LATE K.SIVASANKARAN NAIR, KALLYADI RIVER, PANCHAYAT ROAD AND THE GATE OF THE PROPERTY. |
|---|---|---|
| EXHIBIT P2 | : | COPY OF THE ORDER PASSED BY THE FOURTH RESPONDENT DATED 23/11/2009. |
| EXHIBIT P3 | : | COPY OF THE COMMUNICATION ISSUED BY THE RESURVEY SUPERINTENDENT, PALAKKAD TO VILLAGE OFFICER, KAYARADI DATED 25/11/2009. |
| EXHIBIT P4 | : | COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 05/10/2010. |
| RESPONDEN | TS' EX | HIBITS: |
| EXT.R6(A) | : | COPY OF THE SKETCH OF THE LAND SITUATED IN RESURVEY NO.174 OF KAIRADY VILLAGE. |
| EXT.R6(B) | : | COPY OF THE LETTER ALLEGEDLY ISSUED BY RESURVEY SUPERINTENDENT PALAKKAD. |
| EXT.R6(C) | : | COPY OF THE ADVOCATE COMMISSIONER REPORT ALONG WITH THE SKETCH. |
| EXT.R6(D) | : | COPY OF THE ORDER DATED 09/02/2010 IN I.A.NO.3316/2009 IN O.S.NO.533/2009. |
| EXT.R6(E) | : | COPY OF THE JUDGMENT DATED 18/06/2010 IN C.M.A.NO.46/2010. |
| EXT.R6(F) | : | COPY OF THE BASIC TAX RECEIPT. |
| EXT.R6(G) | : | COPY OF THE POSSESSION CERTIFICATE. |
/TRUE COPY/
P.A. TO JUDGE
DSV/-
ANTONY DOMINIC, J.
W.P.(C) No. 3741 OF 2011
Dated this the 2nd day of December, 2011
J U D G M E N T
Heard the counsel for the petitioner, learned
Government Pleader appearing for respondents 1 to 5 and also the learned counsel appearing for the 6th respondent.
W.P.(C) No. 3741 OF 2011 :2 :
the counsel for the 6th respondent contends that the order was issued with notice to him, there is nothing stated either in Ext.P4 or elsewhere to show that the petitioners were issued notice before cancelling Ext.P2 proceedings which was in their favour. Therefore, it is evident that Ext.P4 is an order issued in violation of the principles of natural justice and for that reason the said order has to be set aside and I do so.
The writ petition is disposed of accordingly.
ul/-
Sd/- ANTONY DOMINIC, JUDGE [true copy] P.S. to Judge
2 issues framed by the court
Whether the order cancelling the resurvey approval was issued without notice to the petitioners in violation of natural justice.
Whether the order passed by the second respondent should be set aside due to procedural impropriety.
K.M.Ramani
K.M.Jayalakshmi
State of Kerala
The Director of Survey
The Deputy Director(Survey)
M.Kandamuthen
Anthony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
