Kerala High Court
M.T. Abdul Nazar vs The Tahsildar on 25 January, 2012
Author: Babu Mathew P. Joseph
Bench: C.N.Ramachandran Nair, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 6TH DAY OF MARCH 2012/16TH PHALGUNA 1933
WA.No. 283 of 2012 () IN WPC/444/2012
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AGAINST THE ORDER/JUDGMENT IN WPC.444/2012 DATED 25-01-2012
APPELLANT(S)/PETITIONER:
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M.T. ABDUL NAZAR
S/O. M.T.ABDUL RAHIMAN HAJI, P.W.D.CONTRACTOR
KALLUM KOOTTAM (H), P.O.BEVINJA, THEKKIL FERRY,
CHENGALA, KASARAGOD-671 545.
BY ADVS. SRI.A.K.ABDUL AZEEZ
SRI.T.K.SASIDHARAN
SRI.RENJIT GEORGE
RESPONDENT(S)/RESPONDENTS:
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1. THE TAHSILDAR
(REVENUE RECOVERY), KASARAGOD-671 123.
2. THE VILLAGE OFFICER
THEKKIL VILLAGE, KASARAGOD TALUK, KASARAGOD-671 541.
3. THE CHAIRMAN,
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN
PATTOM, THIRUVANANTHAPURAM-695 004.
4. THE KERALA STATE ELECTRICITY BOARD
PATTOM, THIRUVANANTHAPURAM-695004
REPRESENTED BY THE SECRETARY.
5. THE DEPUTY CHIEF ENGINEER
TRANSMISSION CIRCLE, KSEB
110 KV SUB-STATION COMPOUND, MALAPPURAM-676 509.
R1 & R2 BY MR.LIJU STEPHAN, GOVERNMENT PLEADER
R3 TO R5 BY SRI.T.R.RAJAN,SC,K.S.E.B.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.NO.283/2012
APPENDIX
APPELLANT'S EXHIBITS
ANNEXURE-I : COPY OF REQUEST DATED 02/02/2012 PENDING BEFORE
R3.
//TRUE COPY//
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR, &
BABU MATHEW P. JOSEPH, JJ.
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Writ Appeal No.283 of 2012
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Dated this the 6th day of March, 2012.
JUDGMENT
Ramachandran Nair, J.
Judgment dated 22.2.2012 is recalled and the matter is reheard today.
2. Pursuant to Ext.P4 judgment the appellant has filed representation before the Chairman which is taken on file and the reference number given in court is 31173/CM. We feel the benefits granted under Ext.P4 should be allowed to be enjoyed by the appellant. We accordingly dispose of the Writ Appeal by modifying judgment of the learned Single Judge as follows:
i) The Chairman, KSEB, will call for the records and consider the representation filed by the appellant on 2.2.2012 which is numbered as File No.31173/CM within a period of one month from now. The Chairman after going through the files and after discussion with the concerned Engineer will give an opportunity of personal representation to the appellant. A decision will be taken with regard to the damages, W.A. 283/2012 2 if any, to be recovered from the appellant by keeping in mind the observations contained in the earlier Writ Appeal judgment.
ii) Recovery proceedings against the appellant will remain stayed for six weeks from now and thereafter recovery, if any, will be based on the proceedings to be issued by the Chairman of K.S.E.B. Writ Appeal is disposed of as above.
Sd/-
C.N.RAMACHANDRAN NAIR Judge Sd/-
BABU MATHEW P. JOSEPH Judge True copy P.S. to Judge pms