Muraleedharan v. The Tahsildar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 603 of 2015 (A) -------------------------- PETITIONER :

-------------------- MURALEEDHARAN S/O.SREENIVASAN, KODALIVILA VEEDU, PATLA MEVARKKAL DESOM, ALAMCODE VILLAGE AND P.O., THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.M.R.RAJESH SMT.E.S.SANDHYA RESPONDENT(S) :

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1. THE TAHSILDAR CHIRAYINKEEZHU TALUK, OFFICE OF THE TAHSILDAR ATTINGAL, THIRUVANANTHAPURAM - 695 101

2. VILLAGE OFFICER ALAMCODE VILLAGE , VILLAGE OFFICE, ALAMCODE THIRUVANANTHAPURAM DISTRICT - 695 102.

R1 & R2 BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 603 of 2015 (A) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 COPY OF THE PETITION DATED 6/1/2015 SUBMITTED TO THE IST RESPONDENT BY THE PETITIONER.

EXHIBIT P2 COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE IST RESPONDENT ON RECEIPT OF THE EXHIBIT P1.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 603 of 2015 ------------------------------------------- Dated this the 8th day of January, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) Issue a Writ in the nature of mandamus or other appropriate writ direction or order commanding the respondents to issue copies of the compliant as well as any documents produced along with the same to the petitioner and further directing them to give a reasonable time and opportunity to file hie objection / explanation and to produce evidence so as to contest the same.

ii) Issue such other appropriate writ, direction or order as the case may be."

2.

The learned counsel for the petitioner submits that, the petitioner is sought to the proceeded against by the respondents, absolutely for no reason at all and allegedly on the basis of some complaint against him. The petitioner has been served with a notice of hearing scheduled on 09.01.2015. But the petitioner is totally left in the dark, as to what is the matter to be explained before the concerned respondent during the hearing scheduled tomorrow, as a copy of the complaint is still to be served upon

WP(c). No.603 of 2015 him. This made the petitioner to approach this Court by filing the writ petition, seeking for a direction to be given to the concerned respondent to serve a copy of the complaint and the supporting documents, if any, also granting reasonable time to submit a statement of objection/version and to have the matter proceeded and finalised accordingly.

3.

Heard the learned Government Pleader as well. 4.

After hearing both the sides, this Court finds that, if copy of the complaint and the copies of the supporting documents are not served to the petitioner so far, the same shall be made available to the petitioner on the next date of posting and the petitioner shall be given an opportunity to put forth his version by granting reasonable time before the matter is finalised. The respondents are at liberty to proceed with further steps and to have the issue finalised in accordance with law, after hearing the petitioner accordingly.

The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

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