Single judge order setting aside a revisional order passed without proper notice to the petitioner. The matter is remanded to the District Collector to hear and decide afresh within three months.
Set aside the impugned order (Ext.P8); remand the matter to the 3rd respondent for hearing afresh after proper service of notice.
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 HONOURABLE MR. JUSTICE B.P.RAY
FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933
WP(C).No. 7349 of 2004(Y)
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PETITIONER(S):
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1. SMT. KUNJILAKUTTY ANTONY, W/O. T.F. ANTONY, THOTTUNGAL HOUSE, KANDASSANKADAVU P.O., THRISSUR.(DIED)
ADDL. P2: JOMON T.A., AGED 48 YEARS, S/O.ANTONY T.F., THOTTUNGAL HOUSE, KANDASSAMKADAVU, THRISSUR.
BY ADV. SRI.JOMMY THARIAN
SRI.S.MUHAMMED HANEEFF
RESPONDENT(S):
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1. TAHSILDAR (ASSESSING AUTHORITY) TALUK OFFICE, THRISSUR.
2. REVENUE DIVISIONAL OFFICER (APPELLATE AUTHORITY) THRISSUR.
3. THE DISTRICT COLLECTOR,
BY GOVT. PLEADER MR.MANOJ P.KUNHACHAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE SFOLLOWING:
rs
WP(C).No. 7349 of 2004(Y)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE CERTIFICATE DATED 13/12/2001 ISSUED BY THE SECRETARY MANALUR GRAMA PANCHAYAT. |
|---|---|
| EXT.P2: | COPY OF THE CERTIFICATE DATED 19/04/2002 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KANDASSANKADAVU. |
| EXT.P3: | COPY OF THE ORDER OF THE ASSESSMENT DATED 09/05/2002 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P4: | COPY OF THE APPEAL DATED 15/06/2002 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXT.P5: | COPY OF THE ORDER DATED 16/10/2003 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P6: | COPY OF THE REVISION DATED 16/11/2003 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXT.P7: | COPY OF THE NOTICE DATED 24/11/2003 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXT.P8: | COPY OF THE ORDER DATED 07/01/2004 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P9: | COPY OF THE RESTORATION PETITION DATED 03/02/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs
B.P. RAY, J.
- - - - - - - - - - - - - - - - - W.P.(C) No. 7349 of 2004
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Dated this the 25th day of November, 2011.
JUDGMENT
The petitioner has filed this writ petition with the following
prayers:
This writ petition is disposed of as above.
sd/- B.P. RAY, JUDGE.
rv
W.P.(C)No. 7349/2004
-:2:-
B.P. RAY, J.
O.P.No. 13887 of 2002
W.P.(C)No. 7349/2004
-:3:-
Dated this the 16th day of November, 2011.
JUDGMENT
2 issues framed by the court
Whether the revisional order (Ext.P8) should be set aside and the matter remanded to the authority for fresh hearing after proper service of notice.
Whether the petitioner was denied a hearing on merits for the issuance of the impugned order.
Smt. Kunjilakutty Antony
Tahsildar (Assessing Authority) Taluk Office, Thrissur
Revenue Divisional Officer (Appellate Authority) Thrissur
The District Collector, Thrissur
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
