Abdulla Kunhi v. State of Kerala
Case brief
What is this about?
High Court set aside Government order denying land assignment without speaking reasons or hearing due to lack of opportunity of being heard.
What did the court decide?
Ext.P5 set aside and writ petition allowed; matter remanded to competent authority to give opportunity of hearing and pass appropriate order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 4264 OF 2022
PETITIONERS:
1 ABDULLA KUNHI AGED 57 YEARS S/O.ABDUL KHADER HAJI, BADER HOUSE, VIDYANAGAR.P.O, KASARAGOD DISTRICT, PIN-671121.
2 RAMLA, AGED 50 YEARS W/O ABDULLA KUNHI,BADER HOUSE, VIDYANAGAR.P.O, KASARAGOD DISTRICT,PIN-671121.
BY ADVS. PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY
RESPONDENTS:
- 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE(L)DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001.
Issues for consideration
3 issues framed by the court
Whether the order rejecting land assignment application was issued without affording the petitioners an opportunity of being heard.
Whether the order rejecting land assignment application is a speaking order referring to materials on record.
Whether land assignment application requires reconsideration by competent authority after affording opportunity of being heard.
Parties & counsel
- petitioner
ABDULLA KUNHI
- petitioner
RAMLA
- respondent
STATE OF KERALA
- respondent
DISTRICT COLLECTOR KASARAGOD
- respondent
REVENUE DIVISIONAL OFFICER KASARAGOD
- respondent
Case details
As recorded by the court registry
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