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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
(i) “Issue a writ of certiorari or any other appropriate writ to call for records and quash Ext.P8 order issued by the first respondent, declaring it to be illegal.
(ii) Issue a writ or order directing the first respondent to take appropriate action for removal of land from Data Bank, as sought for in Ext.P6 within a time frame.
(iii) Issue any other writ or order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” [SIC]
The main challenge is Ext.P8. Ext.P8 is an order by which the application under Form 5 is rejected. This Court perused Ext.P8. The petitioner has got different contentions in the writ petition. A perusal of Ext.P8 will not show that it is an order passed after giving an opportunity of hearing to the petitioner. The petitioner takes me through Ext.P10 photographs. I do not want to make any observation about the merit of the case. According to me, Ext.P8 is not a speaking order considering all the contentions of the petitioner. So, Ext.P8 is to be set aside and the matter can be remitted back to the 1st respondent for fresh consideration.
Therefore, this writ petition is allowed in the following manner :
1) Ext.P8 is set aside.
2) The first respondent is directed to reconsider the matter after affording reasonable opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
3) Before passing final orders, the 1st respondent will inspect the property with notice to the petitioner.
4) All the contentions raised in this writ petition are left open. The petitioner is free to raise all those contentions before the 1st respondent.