High Court Kerala High Court

Fr.Mathew Narikkuzhi vs The Inspector on 25 August, 2009

Kerala High Court
Fr.Mathew Narikkuzhi vs The Inspector on 25 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1912 of 2009()


1. FR.MATHEW NARIKKUZHI, MANAGER,
                      ...  Petitioner

                        Vs



1. THE INSPECTOR,
                       ...       Respondent

2. THE CHIEF EXECUTIVE OFFICER,

                For Petitioner  :SRI.GEORGE MECHERIL

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :25/08/2009

 O R D E R
             S.R.BANNURMATH, C.J. & A.K.BASHEER, J.
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                                W.A.No.1912 OF 2009
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                   Dated this the 25th day of August 2009

                                       JUDGMENT

A.K.BASHEER, J.

Appellant who claims to be the Manager of M/S Haritha Cashews,

Kunnoth, Kiliyanthara in Kannur district has preferred this writ appeal

impugning the judgment passed by the Learned Single Judge.

2. In the writ petition, appellant/petitioner had sought for quashing

Ext.P6 final assessment order passed by the competent authority under

the Kerala Cashew Workers Relief and Welfare Fund Act, 1979 and the

Schemes framed thereunder.

3. In the nature of the order that we propose to pass, it is not

necessary for us to delve deep into the entire matter or to deal with the

various contentions raised by the appellant as regards the tenability of the

order.

4. By Ext.P3 notice issued by respondent No.1, appellant was

directed to show cause why prosecution shall not be initiated against him

for violation of the provisions of the Act. But curiously a provisional

determination order dated, June 1, 2009 was also sent along with Ext.P3

notice informing the appellant that final determination order will be

passed, if sufficient cause was not shown within seven days from the date

W.A.No.1912 OF 2009
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of receipt of the provisional determination order. Appellant has got a

specific case that the show cause notice and provisional order were

received only on the last day of the month of June. It can be seen from

Ext.P4 postal cover that it was posted only on June 23, 2009. Though the

appellant requested to grant him a short further time, respondent No.1

passed Ext.P6 final determination order on July 6, 2009 without affording

the appellant any opportunity of being heard.

5. Having perused the materials placed before us, we have no

hesitation to hold that there is grave infraction of the rules of natural

justice. We are satisfied that the appellant has to be afforded sufficient

opportunity before any liability is fastened on him. Therefore, Ext.P6

order is quashed. The competent authority shall issue fresh notice to the

appellant and afford him sufficient opportunity to be heard before any

orders are passed. We make it clear that we have not considered the

merit of any of the contentions raised by the appellant/petitioner.

Writ appeal is disposed of.

(S.R.BANNURMATH)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
jes