Allowed

Shinoy Manakkattupadi Sathyan, v. the Secretary

Kerala HC22 Jul 2024WP(C)/19708/2023

Case brief

AI extract

What is this about?

Petitioner challenged demand and penalty notices issued for alleged plastic use violations. Petitioner claimed no prior hearing. Court quashed notices for natural justice violation and directed Panchayat to issue hearing notice before passing orders.

What did the court decide?

Exts. P1 and P2 orders quashed for violation of principles of natural justice. Direction to third respondent to issue notice and opportunity for objections before passing orders.

Shinoy Manakkattupadi Sathyan, Vs the Secretary — Writ and Judicial Review | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 22^ND DAY OF JULY 2024 / 31ST ASHADHA, 1946

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WP(C) NO. 19708 OF 2023

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PETITIONER:

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SHINOY MANAKKATTUPADI SATHYAN, AGED 41 YEARS

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S/O SATHIAN, MANAKKATTUPADI HOUSE, KOOLIMUTTAM.P.O., THRISSUR DISTRICT, PIN – 680691

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BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN SANAL C.S JISSMON A KURIAKOSE

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RESPONDENTS:

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1 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001

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2 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY CHIEF ENVIRONMENT ENGINEER, HEAD OFFICE, PATTOM, TRIVANDRUM DISTRICT, PIN – 695004

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3 MATHILAKAM GRAMA PANCHAYATH, P.O MATHILAKAM, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 680685

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OTHER PRESENT:

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R1 BY SMT.DEVI SHRI R., GP, R2 BY SRI.T.NAVEEN, SC, R3 BY SMT.AMRIN FATHIMA, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19708 OF 2023

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MOHAMMED NIAS C.P., J

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========================== W.P(C) No. 19708 of 2023

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========================== Dated this the 22^nd day of July, 2024

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J U D G M E N T

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The petitioner challenges Exts.P1 and P2 notices that alleged the use of single-use plastic covers, paper leafs, paper cups etc., during an inspection and seized them from the shop contravening Sections 219S to 219T of the Kerala Panchayat Raj Act, 1994 and accordingly, issued Ext.P1 demand notice directing the petitioner to pay an amount of Rs. 10,700/- as fine. The petitioner contends that no notice was issued to him before imposing the fine.

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The learned counsel appearing for the Panchayat relies on Ext.P3 Circular issued by the Government of Kerala, Local Self Government Department, dated 24.03.2023 that directed the Panchayat to take appropriate action for violation. Ground C in the writ petition that the petitioner was not heard before imposing the fine is not denied in the counter affidavit filed on behalf of the Panchayat. Accordingly, Exts. P1 and P2 orders are quashed for violation of principles of natural justice.

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Given the above, there will be a direction to the third respondent to issue notice to the petitioner stating the alleged violations and giving an opportunity to the petitioner to offer his objections if any. On receipt of the

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WP(C) NO. 19708 OF 2023

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response from the petitioner, the third respondent may pass appropriate orders in tune with the provisions of the Kerala Panchayat Raj Act, 1994 as well as Ext.P3 Government Circular.

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The writ petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P.

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JUDGE

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DCS

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WP(C) NO. 19708 OF 2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 18.05.2023. Exhibit P2 TRUE COPY OF THE NOTICE NO: JCI-658/2023 DATED 06.06.2023 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE CIRCULAR NO: M1/37/2023 DATED 24.03.2023.

Shinoy Manakkattupadi Sathyan, v. the Secretary

Case brief

What is this about?

What did the court decide?

Shinoy Manakkattupadi Sathyan, v. the Secretary

Case brief

What is this about?

What did the court decide?

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