S. Thankamani Vs.
Greater Cochin Development Autho. & ANR. [2008] INSC 1973 (18 November
2008)
Judgment
NON-REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6689 OF
2008 (Arising out of SLP)No.21862 of 2007) S.Thankamani ...Appellant Versus
Greater Cochin Development Authority & Anr. ...Respondents.
ORDER
1.
Leave
granted.
2.
This
appeal is directed against an order dated 6th of September, 2007 passed by a
Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No.2171
of 2007 by which the Division Bench had affirmed the order of a learned Single
Judge of the said High Court passed on 14th of March, 2007 in O.P.No.29160 of
2000.
3.
Having
heard the learned counsel for the parties and after going the impugned order,
we are of the view that the Division Bench ought to have passed a reasoned and
speaking order instead of saying only that they were in respectful agreement
with the reasoning and conclusion arrived at by the learned Single Judge.
Accordingly, we are of the view that the Division Bench while deciding the
appeal had not applied their mind and, therefore, the impugned order of the
Division Bench is liable to be set aside and the matter should be sent back to
the Division Bench for disposal afresh in accordance with law.
4.
For
the reasons aforesaid, the impugned order is set aside and the appeal is sent
back to the Division Bench of the High Court for fresh decision in accordance
with law after giving hearing to the learned counsel for the parties. It is
expected that the 3 Division Bench shall pass a reasoned and speaking order
while disposing of the appeal.
5.
The
appeal is thus allowed to the extent indicated above. There will be no order as
to costs.
.........................J.
[Tarun Chatterjee]
...........................J.
New
Delhi;
Back
Pages: 1 2
