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EACHAPULLY MOHAMMED KUTTY, 70 YEARS versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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EACHAPULLY MOHAMMED KUTTY, 70 YEARS v. THE STATE OF KERALA, REPRESENTED BY - WP(C) No. 32722 of 2006(U) [2007] RD-KL 1526 (19 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32722 of 2006(U)

1. EACHAPULLY MOHAMMED KUTTY, 70 YEARS,
... Petitioner

Vs

1. THE STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE DISTRICT COLLECTOR,

3. K.P. ALI, PRESIDENT,

4. KATTIL SYED, S/O. MOHAMMED,

For Petitioner :SRI.K.K.MOHAMED RAVUF

For Respondent :SRI.T.KRISHNAN UNNI

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :19/01/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.32722 of 2006
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Dated: 19th January, 2007



JUDGMENT

Even though several grounds have been raised in the Writ Petition, I am of the view that it is not necessary that this court consider all those grounds at this stage. But a reading of Ext.P5 will show that the said order is passed without hearing the petitioner. On that ground alone, Ext.P5 is liable to be quashed. Accordingly, Ext.P5 will stand quashed and the Government is directed to hear the petitioner and all other concerned parties on Ext.P4 appeal and dispose of the same in accordance with law. It is made clear that this court has not expressed any opinion as to whether there was any delay or as to whether the appeal is liable to be rejected on the ground of delay. Fresh orders as directed above will be passed by the Government within three months of receiving a copy of this judgment. In view of the above order, the learned Subordinate Judge, Tirur will not finally dispose of the appeal A.S.No.65 of 1997 for a period of five months from today. The Writ Petition will stand disposed of as above.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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