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THODUVAYIL NARAYANI AMMA versus THE SECRETARY, KAKKUR GRAMA PANCHAYATH

High Court of Kerala

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THODUVAYIL NARAYANI AMMA v. THE SECRETARY, KAKKUR GRAMA PANCHAYATH - OP No. 205 of 2001(Y) [2007] RD-KL 3380 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 205 of 2001(Y)

1. THODUVAYIL NARAYANI AMMA
... Petitioner

Vs

1. THE SECRETARY, KAKKUR GRAMA PANCHAYATH
... Respondent

For Petitioner :SRI.K.P.BALASUBRAMANYAN

For Respondent :SRI.R.SUDHISH

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :14/02/2007

O R D E R

KURIAN JOSEPH, J.

O.P.No.205 of 2001

Dated this the 14th day of February, 2007



JUDGMENT

The challenge is on Ext.P6 order passed by the Government whereby the decision taken by Kakkur Grama Panchayat in the matter of alteration of assessment of a shed. One of the grounds taken by the writ petitioner is that the decision is taken relying on the report of the Panchayat without bringing the same to the notice of the petitioner. If a new material is relied on by the Government, it is only appropriate that the petitioner is given an opportunity at least to peruse the report. There is no counter affidavit by respondents 1 and 2. I quash Ext.P6, without prejudice to the liberty to the second respondent to pass fresh orders in the matter with notice to the petitioner and respondents 1 and 3, after permitting the parties to peruse the report of the Deputy Director. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

O.P.NO.205/2001

JUDGMENT

14th February, 2007


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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