The High Court quashed an order (Ext.P6) directing the petitioner to stop his stone crusher unit, issued without a proper hearing. The court directed the Panchayat to conduct a fresh hearing within one month.
Ext.P6 quashed; direction to the first respondent to hear the petitioner and second respondent again and pass fresh orders within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929
WP(C).No. 5549 of 2008(I)
PETITIONER:
P.P.M.MOOSA HAJI
POONTHOTTAMPOYIL THACHAMPOYIL P.O. KEDAVUR VILLAGE, KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS:
R1 BY ADV.MR.V.V.SURENDRAN
R2 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE,J.
- - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5549 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th March, 2008
JUDGMENT
Ext.P6 order issued by the Panchayat directing the petitioner to
stop working of his stone crusher unit is under challenge on various grounds. The ground firstly and most prominently raised is that Ext.P6 has been passed without hearing the petitioner. The allegation is that though a hearing notice was issued, the impugned order was passed even prior to the date slated for hearing. The 2nd respondent at whose instance Ext.P6 was issued by the Panchayat concedes that the petitioner can be given a hearing opportunity. Under these circumstances, I do not propose to go into the merits of the other grounds raised in the Writ Petition. I quash Ext.P6 and direct the first respondent to hear the petitioner and the 2nd respondent again on the issue covered by Ext.P6 and pass fresh orders at the earliest and at any rate within one month of receiving copy of this judgment.
The Writ Petition is disposed of as above.
srd
PIUS C.KURIAKOSE, JUDGE
2 issues framed by the court
Whether a Writ Petition challenging an order issued without hearing the petitioner should be allowed in view of willingness to grant hearing opportunity.
Whether an order directing closure of a stone crusher unit passed without hearing should be quashed.
P.P.M.MOOSA HAJI
SPECIAL GRADE SECRETARY THAMARASSERY GRAMA PANCHAYATH
ABDUL MUNEER
PIUS C.KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
