The Court quashed an order rejecting a petitioner's application to construct a bridge. Finding a lack of hearing, the Court directed the 1st Respondent to pass fresh orders within one month after affording an opportunity of hearing.
Ext.P2 order set aside; Direction to 1st Respondent to pass fresh orders within one month after hearing.
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.
WP(C).No.1797 OF 2021(Y)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.1797 OF 2021(Y)
PETITIONER/S:
IBRAHIM.P.K AGED 70 YEARS
S/O.KOCHUNNI, MUDAKATHIL PUTHENPURACKAL, VADAKODU KARA, MUNDAMPALAM, KANGARAPADI, ERNAKULAM-682 021.
BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA
RESPONDENT/S:
1 THE ASSISTANT ENGINEER OFFICE OF THE ASSISTANT ENGINEER, PERIYAR VALLEY IRRIGATION PROJECT, SECTION NO.2/4, THOTTAKKATTUKARA, ALUVA, PIN-683 108.
2 THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.
OTHER PRESENT:
SMT.PRINCY XAVIER,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1797 OF 2021(Y)
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JUDGMENT
Dated this the 1st day of February 2021
The petitioner is aggrieved by Ext.P2 order by which his application for permission for construction of a bridge in order to cross the branch canal was rejected. The petitioner points out that he is unable to take out his vehicle to the other side of his property. The learned counsel for the petitioner submits that Ext.P2 order is passed without affording him an opportunity of hearing.
Reading of Ext.P2 shows that a hearing was not held.
Therefore Ext.P2 is set aside. There shall be a direction to the 1st respondent to pass fresh orders on Ext.P1 application after affording an opportunity of hearing to the petitioner. Orders shall be passed within period of one month from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA
JUDGE
rkc
WP(C).No.1797 OF 2021(Y)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE COPY OF THE REQUEST LETTER OF THE PETITIONER DATED 09.11.2020 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P2 THE COPY OF THE REJECTION LETTER ISSUED BY THE 1ST RESPONDENT DATED 16.11.2020.
2 issues framed by the court
Whether the order rejecting the petitioner's application for constructing a bridge was passed without an opportunity of hearing.
Whether the Impugned Order should be set aside.
Ibrahim.P.K
The Assistant Engineer, Office of the Assistant Engineer, Periyar Valley Irrigation Project
The Chief Engineer, Irrigation and Administration
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
