Binu K.C. vs The State Of Kerala
2021 Latest Caselaw 11130 Ker

WP(C).No.7830 OF 2021(C)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.7830 OF 2021(C)

PETITIONER/S:

                BINU K.C., AGED 37 YEARS
                S/O. K.V.CHANDRAN, KUMMANCODE HOUSE, THALUMKAL
                P.O., KOOTTIKKAL, KOTTAYAM-686 514

                BY ADVS.
                SRI.BOBY THOMAS
                SMT.RESHMI JACOB
                SMT.PRIYADARSINI VINCENT

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF
                FOOD AND CIVIL SUPPLIES , GOVERNMENT SECRETARIAT,
                THIRUVANANTHAURAM-695 001

      2         THE DISTRICT COLLECTOR-KOTTAYAM
                KOTTAYAM-KUMILY RD, COLLECTORATE, KOTTAYAM-686 002

      3         DISTRICT SUPPLY OFFICER,
                KOTTAYAM DISTRICT SUPPLY OFFICE,CIVIL STATION,
                COLLECTORATE P.O., KOTTAYAM-686 002

      4         TALUK SUPPLY OFFICER,
                KANJIRAPPALLY TALUK, OFFICE OF THE TALUK SUPPLY
                OFFICER, KANJIRAPPALLY P.O., KOTTAYAM-685 001

      5         JIJO MATHEW
                AGED 24 YEARS
                S/O.GEO MATHEW, PUTHENPEEDIKAYIL HOUSE,ELAMKADU
                P.O., KOTTAYAM-686 514

OTHER PRESENT:

                SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7830 OF 2021(C)
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                                      JUDGMENT

Dated this the 7th day of April 2021

The complaint of the petitioner is that the petitioner was

not heard before passing Ext.P5 order despite the direction

contained in Ext.P4 judgment. Ext.P4 common judgment was

rendered in WP(C) No.380 of 2021 and WP(C) NO.1163 of 2021

directing that petitioners in both those Writ Petitions shall be

heard. In fact the Writ Petition filed by Sri.Anil Kumar ie.

WP(C) No.26152 of 2020 was already withdrawn by him and another

Writ Petition filed by the petitioner herein came up for

consideration along with WP(C) No.380 of 2021 filed by Sri.Jijo

Mathew. From Ext.P5 it is clear that the petitioner has not been

heard before passing orders.

2. Going by the nature of orders being issued in this Writ

Petition, notice to the 5th respondent is not necessary at this

stage especially the order has been passed in violation of the

direction contained in the common judgment.

Therefore, Ext.P5 order shall stand set aside with a

direction to the District Collector to pass fresh orders after

affording an opportunity of hearing to the petitioner and the 5 th WP(C).No.7830 OF 2021(C)

respondent. In the meanwhile the 5th respondent shall be allowed

to continue in the ARD in the present station namely Kootikkal.

The Writ Petition is disposed of accordingly.

Sd/-

                                            P.V.ASHA

rkc                                          JUDGE
 WP(C).No.7830 OF 2021(C)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE COMMUNICATION ISSUED BY

THE 4TH RESPONDENT DATED 31.11.2018

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE 5TH RESPONDENT BY THE 4TH RESPONDENT DATED 03.07.2020

EXHIBIT P3 TRUE COPY OF THE ORDER NO.DSOCKTM529/2020/CS-8 OF THE 3RD RESPONDENT DATED 13.10.2020

EXHIBIT P4 TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.380/2021 AND 1163/2021 DATED 20.01.2021

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT VIE NO.DSCK TM-529/2020-CS8 DATED 03.03.2021