High Court Kerala High Court

V.V. Shiby vs The District Collector on 22 August, 2008

Kerala High Court
V.V. Shiby vs The District Collector on 22 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24697 of 2008(M)


1. V.V. SHIBY, S/O. VASUDEVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, KOTTAYAM.
                       ...       Respondent

2. THE ASSISTANT EXCISE COMMISSIONER,

3. PROF.C. MAMMACHAN, GENERAL CONVENER,

4. REV. K.C. MATHEW, SECRETARY,

                For Petitioner  :SRI.N.RAGHURAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :22/08/2008

 O R D E R
                             ANTONY DOMINIC, J.

                           ===============
                        W.P.(C) NO. 24697 OF 2008 M
                       ====================

                 Dated this the 22nd day of August, 2008

                                J U D G M E N T

Petitioner is a licencee of TS No.48/08-09, Mandiram of Kottayam Excise

Range. In this writ petition what is under challenge is Ext.P5 proceedings of

the 1st respondent issued under Section 54 of the Abkari Act ordering that the

licence is suspended for a period of 3 months. Though several grounds have

been urged by the writ petitioner, for the present, I need consider only the one

that the said order was issued in violation of the principles of natural justice in

as much as the petitioner was not given any notice or an opportunity of

hearing before passing the order.

2. Though the learned Government Pleader has obtained instructions

in the matter, the aforesaid contention of the petitioner does not seem to be in

dispute. In view of this, I quash Ext.P5. It is clarified that it will be open to

the 1st respondent to initiate fresh proceedings against the petitioner, but

however, it shall only be after notice and hearing the petitioner.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp