IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3084 of 2009(P)
1. ISSAC.T.DEVASSIA, AGED 56 YEARS,
... Petitioner
Vs
1. THE SECRETARY, THODUPUZHA MUNICIPALITY,
... Respondent
2. THODUPUZHA MUNICIPALITY, REPRESENTED BY
3. THE INDIAN OIL CORPORATION, REPRESENTED
For Petitioner :SRI.K.K.CHANDRAN PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :29/01/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.3084 OF 2009
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Dated this the 29th day of January, 2009
JUDGMENT
The petitioner is aggrieved by Ext.P9 order of the 1st
respondent by which a permit granted to the petitioner for
establishment of a petroleum retail outlet has been cancelled.
The petitioner contends that Ext.P9 order has been passed
without any notice or hearing to the petitioner.
2. I have heard the learned Standing Counsel appearing
for respondents 1 and 2 as well as the learned Standing Counsel
appearing for the 3rd respondent. Ext.P9 does not refer to any
prior notice or hearing to the petitioner. That being so, Ext.P9
order has been passed in violation of principles of natural justice.
However, in view of the order I propose to pass, it is not
necessary to quash Ext.P9 on that ground. After hearing all
parties, I dispose of this writ petition with the following
directions:
Ext.P9 would be treated as a show cause notice. The
petitioner shall file his objections to Ext.P9 show cause notice
W.P.(c)No.3084/2009 2
within a period of two weeks from today. Thereupon the 1st
respondent shall pass orders pursuant to that show cause
notice, after affording an opportunity of being heard to the
petitioner. Needless to say, till such orders are passed the
proposed action in Ext.P9 shall be kept in abeyance.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.3084/2009 3