Unnikrishnan vs The Sub Collector, Ottapalam
2022 Latest Caselaw 7581 Ker

                    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.
                       ----------------------------------------
                        WP(C) No.12423 OF 2021
                      -------------------------------------------
                  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

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

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