(1.) Being aggrieved by the judgment in W. P. (C) No. 8201 of 2010 dtd. 23/7/2021, setting aside Ext. P14 order of the Commissioner of Land Revenue, Thiruvananthapuram, dtd. 28/1/2010, and further directions, instant writ appeal is filed.
(2.) Short judgment impugned in this appeal are as hereunder:
(3.) According to me, this is not the way an order to be passed by the Revisional Authority. It is true that the facts are narrated previous to this part of order. There is no discussion and there is no application of mind. It is stated in the penultimate paragraph of the order that after hearing the Junior Superintendent at the Taluk Office, Hosdurg Taluk, it is found that the 2nd respondent Sri. Koran is eligible for the said assignment while the 1st respondent Sri. Krishna Bhat is having four acres of land of his own, and is not eligible for assignment. This is contradictory to Ext.P11. I don't want to make any observation about the merit of the case. I am not satisfied the way in which the 1st respondent passed Ext.P14 order. I leave open all the contentions of the petitioner and the contesting respondents. The petitioner and the contesting respondents can raise all their submissions before the 1st respondent and the 1st respondent will reconsider the matter in accordance to law. I make it clear that I have not considered the matter on merit. The 1st respondent is free to pass appropriate orders in accordance to law, but only after hearing the petitioner and the affected parties. A speaking order is necessary. Therefore, this writ petition is allowed in the following manner:
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