Disposed

Rajendraprasad v. the District Collector

Kerala HC15 Dec 2022WP(C)/24543/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition seeking fresh consideration of a representation due to the petitioner's illness, set aside the order passed without his hearing and directed the 1st respondent to pass fresh orders within six weeks, disposing of the petition without expressing an opinion on merits.

What did the court decide?

Ext.P7 order set aside; direction to 1st respondent to consider Ext.P1 afresh after hearing the petitioner and respondents within six weeks.

Rajendraprasad Vs the District Collector — Constitutional and Fundamental Rights | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

THURSDAY, THE 15^TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA,

¶5

1944

¶6

WP(C) NO. 24543 OF 2022

¶7

AGAINST THE ORDER/JUDGMENTWP(C) 13150/2022 OF HIGH COURT OF

¶8

KERALA

¶9

PETITIONER/S:

¶10

RAJENDRAPRASAD AGED 33 YEARS NIRAPPIL VEEDU, KUTHALI P.O, THIRUVANANTHAPURAM, PIN - 695505

¶11

BY ADV M.R.SARIN

¶12

RESPONDENT/S:

¶13

1 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD THIRUVANTHAPURAM, PIN - 695043

¶14

2 THE ENVIRONMENT ENGINEER KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

¶15

3 THE VILLAGE OFFICER VILLAGE OFFICE VELLARADA, VELLARADA P.O, THIRUVANANTHAPURAM, PIN - 695505

¶16

4 VELLARADA GRAMA PANCHAYAT VELLARADA, THIRUVANANTHAPURAMPIN: 695505 REPRESENTED BY ITS SECRETARY, PIN - 695505

¶17

5 SECRETARY VELLARADA GRAMA PANCHAYAT, VELLARADA THIRUVANANTHAPURAM, PIN – 695505

¶18

¶19

W.P.(c) No. 24543/2022

¶20

6 V. SUDHAKARAN MANAGING DIRECTOR, TRAVANCORE READY MIX PVT LTD, ROHINI SADHANAM, T.C.54/922, MELAMCODE, NEMOM P.O, THIRUVANANTHAPURAM, PIN - 695020 BY ADVS. RONY JOSE ENOCH DAVID SIMON JOEL(K/925/2009) S.SREEDEV(K/1219/2006) LEO LUKOSE(K/001131/2016) CIMIL CHERIAN KOTTALIL(K/345/2017) BY SR.G.P. SMT. SURYA BINOY.

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

¶23

W.P.(c) No. 24543/2022

¶24

JUDGMENT

¶25

The petitioner had earlier approached this

¶26

Court by filing W.P.(c) No.13150/2022 for a direction to the 6^th respondent to stop rock blasting process conducted by the 6^th respondent near the petitioner's property and to consider Ext.P1 representation submitted by him (Ext.P1 herein), within a time frame. This Court, by Ext.P3 judgment dated 7.4.2022 disposed of the said writ petition directing the first respondent to consider and pass orders on Ext.P1 representation with notice to the petitioner as well as respondents 5 and 6 within six weeks from the date of receipt of a copy of the said judgment.

¶27

Pursuant to Ext.P3, the 1^st respondent has passed Ext.P7 order. The petitioner has filed the present writ petition contending that he could not participate in the hearing conducted in terms of Ext.P3 as he was not keeping well. The petitioner

¶28

¶29

W.P.(c) No. 24543/2022

¶30

has produced Ext.P4 O P ticket to support the said contention.

¶31

The limited prayer of the petitioner in the writ petition is for consideration of Ext.P1 afresh, after hearing him.

¶32

Heard the learned counsel for the

¶33

petitioner and the learned Government Pleader for respondents 1 to 3.

¶34

Since the reason stated by the petitioner for non-appearance at the time of consideration of Ext.P1 is his ill health, there will be a direction to the 1^st respondent to consider Ext.P1 representation afresh after hearing the petitioner and respondents

¶35

5 and 6. To enable the 1^st respondent to consider Ext.P1 afresh, Ext.P7 is set aside. Fresh orders shall be passed within a period of six weeks from the date

¶36

of receipt of a copy of this judgment. The petitioner

¶37

will not be granted any further opportunity for hearing. I make it clear that this Court has not expressed any opinion regarding the merits of

¶38

¶39

W.P.(c) No. 24543/2022

¶40

Ext.P1 and this direction has been issued only for the reason that the petitioner could not appear at

¶41

the time of hearing.

¶42

The writ petition is disposed of with the above

¶43

direction.

¶44

Sd/-

¶45

MURALI PURUSHOTHAMAN (JUDGE)

¶46

al/-

¶47

¶48

W.P.(c) No. 24543/2022

¶49

APPENDIX OF WP(C) 24543/2022

¶50

PETITIONER EXHIBITS

¶51

Exhibit P1 THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED ON 04.04.2022. ExhibitP2 THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED ON 04.04.2022. Exhibit P3 THE TRUE COPY OF JUDGMENT IN W.P (C) NO. 13150/2022 DATED ON 7.04.2022. ExhibitP4 THE TRUE COPY OF OP TICKET ISSUED BY THE ANAPARA GOVERNMENT HOSPITAL DATED ON 21.06.2022. Exhibit P5 THE TRUE COPY OF REPRESENTATION LETTER FILED BEFORE THE 1ST RESPONDENT DATED ON 21.06.2022 Exhibit6 THE TRUE COPY OF RECEIPT RECEIVED BY THE PETITIONER DATED ON 21.06.2022. ExhibitP7 THE TRUE COPY OF THE ORDER PASSED BY THE DEPUTY COLLECTOR DATED ON 22.06.2022. Exhibit P8 THE TRUE COPY OF REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED ON 13.07.2022.

Rajendraprasad v. the District Collector

Case brief

What is this about?

What did the court decide?

Rajendraprasad v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sabu a John Vs State of Kerala

Bhaskaran Nair, Vs the Secretary

M.P.Josemon Vs Kaiparambu Grama Panchayat

Binu v. Vs Joint Chief Controller of Explosives

Mathew M. E. Vs the District Collector

Jose Varghese Vs the Revenue Divisional Officer