Full Judgment Text
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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.
O R D E R
1. Leave granted.
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2. This appeal is directed against an order dated 6 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
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said High Court passed on 14 of March, 2007 in
O.P.No.29160 of 2000.
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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
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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]
New Delhi; ………………………J.
November 18, 2008. [V.S.Sirpurkar]