IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 12423 OF 2021
PETITIONERS:
1 UNNIKRISHNAN
AGED 54 YEARS
S/O. LATE PARIYANI,
RESIDING AT KORNOTHUPARAMBU,
IRIMBALASSERY, NELLAYA,
PALAKKAD DISTRICT, PIN-679 335
2 SANKARANKUTTY,
AGED 37 YEARS
S/O. SANKARANARAYANAN,
PEEDIKATHODI HOUSE, IRIMBASSERY,
NELLAYA, PALAKKAD DISTRICT, PIN-679 335
BY ADV MILLU DANDAPANI
RESPONDENTS:
1 THE SUB COLLECTOR, OTTAPALAM
OFFICE OF THE SUB COLLECTOR,
OTTAPALAM, PALAKKAD DISTRICT, PIN-679 101
2 THE VILLAGE OFFICER,
NELLAYA VILLAGE OFFICE, NELLAYA,
PALAKKAD DISTRICT, PIN-679 335
3 GOPIKRISHNAN,
AGED 45 YEARS
S/O. LATE SANKARAN, KORNOTHUPARAMBU,
IRIMBASSERY, NELLAYA,
PALAKKAD DISTRICT, PIN-679 335
4 ANUP
AGED 39 YEARS
S/O. AYYAPPAN, PANTHARIPARAMBIL VEEDU,
IRIMBASSERY, NELLAYA,
PALAKKAD DISTRICT, PIN-679 335
BY ADVS.
WILSON URMESE
MANU HORMIS WILSON
SMT. DEEPA.V, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12423 OF 2021
2
T.R.RAVI, J.
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WP(C) No.12423 OF 2021
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Dated this the 24th day of June, 2022
JUDGMENT
The grievance of the petitioners is that Ext.P3 order has been issued without affording a proper hearing to the petitioners. It is stated that during the hearing, the petitioners had requested for further time to make their submissions but the same was not granted. The Government Pleader on instruction submits that the petitioners were heard and if they have a grievance, the respondents are willing to hear them further. The counsel for the contesting respondent submits after referring to the photographs produced that the petitioners have already reduced the width of the way to 4 feet and it is thereafter that they are seeking time for hearing. Considering the contentions of the parties and the fact that as at present the width of the way stands reduced, I am of the opinion that finality should be reached after hearing the parties over again.
WP(C) NO. 12423 OF 2021 3 The writ petition is hence allowed. Ext.P3 is quashed. There will be a direction to the 1 st respondent to reconsider the issue with notice to the petitioners and respondents 3 and 4 and after hearing them, within two months from the date of receipt of a copy of this judgment. It is made clear that this Court is not going into the merits of the contentions and Ext.P3 has been quashed only for the reason of want of hearing. The contentions of both the parties are left open to be considered by the 1st respondent.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 12423 OF 2021 4 APPENDIX OF WP(C) 12423/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE NO. B-1855/2020 DATED 6.4.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 15.4.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE LETTER DATED 30.04.2021 IN FILE NO. RDOOTP/1855/2020-B1 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS RESPONDENT'S EXHIBITS : NIL //TRUE COPY// PA TO JUDGE