IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 22920 of 2009(H) -------------------------- PETITIONER: --------------- THE MALABAR CHAMBER OF COMMERCE (INCORPORATED AS PER CERTIFICATE OF INCORPORATION NO.5 OF 1930-31 UNDER THE INDIAN COMPANIES ACT, 19130) CHEROOTY ROAD, KOZHIKODE, REP. BY ITS HONORARY SECRETARY. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. HOSPITAL DEVELOPMENT COMMITTEE, I.M.C.H. KOZHIKODE (MEDICAL COLLEGE) KOZHIKODE, REP. BY ITS SECRETARY, THE SUPERINTENDENT, I.M.C.H., KOZHIKODE. 3. THE SUPERINTENDENT I.M.C.H., MEDICAL COLLEGE, KOZHIKODE. GOVERNMENT PLEADER FOR R1-3 SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. =============== W.P.(C). No.22920 OF 2009 ===================== Dated this the 23rd day of June, 2010 JUDGMENT The petitioner in this writ petition is the Malabar Chamber of Commerce. They were permitted by Government to construct and run a comfort station and shelter in the Calicut Medical College campus as per Ext.P1 Government Order. Pursuant thereto they have constructed a comfort station utilising their own funds and is managing the same for providing facility to the public and the patients. The petitioner is now aggrieved by Ext.P1 order of the Government, by which the Government have decided to take over the comfort station. One of the contentions raised by the petitioner is that before passing Ext.P11 order the petitioner has not been given a notice or hearing. 2. A counter affidavit has been filed by the 1st respondent, wherein the specific contention of the petitioner that before passing Ext.P11 order, the petitioner W.P.(C). No.22920 OF 2009 2 has not been afforded an opportunity of being heard is not seen denied at all . That being so, Ext.P11 order has been passed in violation of the principles of natural justice. Accordingly, Ext.P11 is quashed. The Government may if they so wish pass fresh orders after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE. pm