IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7077 of 2009(D)
1. P.R.PAVITHRAN, AGED 75 YEARS,
... Petitioner
2. P.N.SASI, AGED 55 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. THE EXCISE COMMISSIONER,
3. THE DEPUTY COMMISSIONER OF EXCISE,
4. THE EXCISE INSPECTOR,
For Petitioner :SRI.M.G.KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/03/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 7077 OF 2009
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Dated this the 16th day of March, 2009
JUDGMENT
The petitioners are aggrieved by Ext.P6 order, whereby the
petitioners’ toddy shop licence has been cancelled on the grounds
stated therein. The petitioners challenge the same primarily on
the ground that before passing Ext.P6 order, the petitioners have
not been afforded an opportunity of being heard. In the above
circumstances, I directed the learned Government Pleader to
obtain instructions as to whether the petitioners have been heard
before passing Ext.P6 order. Today, the learned Government
Pleader submits that the petitioners were not given a personal
hearing, since in the objection filed by the petitioners to the show
cause notice cum suspension order, they have not specifically
requested for a personal hearing.
2. I am of opinion that in so far as the order affects the
civil rights of the petitioners, even though the petitioners had not
asked for a personal hearing, the petitioners should have been
granted one.
W.P.(c)No.7077/09 2
In the above circumstances, Ext.P6 is in violation of the
principles of natural justice. Accordingly, Ext.P6 is quashed.
The 2nd respondent is directed to pass fresh orders in the
matter, after affording an opportunity of being heard to the
petitioners. Fresh orders in this regard shall be passed as
expeditiously as possible, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.7077/09 3