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.

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.

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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]

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