IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 W.P(C).No. 15987 of 2008(C) ---------------------------------- PETITIONER: -------------- S.BALA PANICKER, S/O.SANKU PANICKER, AGED 55 YEARS, PLAVILA LEKSHMY VILASOM, KOTTAKKAKOM, PERINAD P.O., KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ADDL. EXCISE COMMISSIONER, TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 5. THE CIRCLE INSPECTOR OF EXCISE, EXCISE DEPARTMENT, KOLLAM. BY GOVT. PLEADER, SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 15987 OF 2008 - C = = = = = = = = = = = = = = = Dated this the 3rd June 2008 J U D G M E N T Petitioner is impugning Ext. P3. According to the petitioner, he was granted Exts. P1 and P2 toddy transport permits. These permits were ordered to be frozen until further orders by Ext. P3 on the allegation that the petitioner had not tapped the required minimum number of trees within the limits of their toddy shops as specified in Rule 9, Chapter VIII of the Kerala Abkari Shops Disposal Rules, 2002. 2. Though the learned counsel for the petitioner has raised several contentions as against the validity of Ext. P3, I feel, Ext. P3 needs to be interfered with on the ground that the same has been issued without even putting the petitioner on notice. Since, Ext. P3 has civil consequences as against the petitioner, elementary principles of natural justice require that the petitioner is given a notice before the said order is passed. This has not been done and W.P.(C) No. 15987 OF 2008 -2- this position is not disputed by the learned Govt. Pleader who has instructions in the matter. 3. In view of this, Ext. P3 will stand quashed. Writ petition is disposed of directing that it will be open to the 4th respondent to issue notice to the petitioner and initiate fresh proceedings in compliance with the rules and principles of natural justice. ANTONY DOMINIC JUDGE jan/-