IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29104 of 2009(S) -------------------------- PETITIONER: ------------- SHAJAHAN.V.Y. S/O. YACOB, VATTAPARAMBIL HOUSE, KODUNGALLOOR. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ----------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. P.A.THANKAMMA, AUTHORISED WHOLESALE DEALER NO.1 (UNDER SUSPENSION) KOTHAPARAMBU, S.N.PURAM, KODUNGALLOOR-680668. R1 & R2 BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 29104 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 JUDGMENT Basheer, J. Petitioner who claims to be a public spirited person is aggrieved by Ext.P14 order passed by the Commissioner(Civil Supplies) in connection with cancellation of licence issued to respondent No.3 to run Authorised Wholesale Depot No.1 at Kodungalloor. 2. By the impugned order the Commissioner has directed the District Collector to reconsider the matter and pass fresh orders. The grievance of the petitioner is that Ext.P14 order has been passed by the Commissioner without affording him an opportunity to be heard, though such a privilege was accorded to him in the earlier round as per Ext.P12. The further apprehension of the petitioner is that the District Collector may pass orders without hearing him. 3. We have heard learned Government Pleader also. 4. In the peculiar facts and circumstances of the case WP(C) No.29104 of 2009 -:2:- and keeping in view the earlier round of litigation as well, we are of the view that, the petitioner has to be afforded an opportunity to be heard when the matter is being considered afresh by the District Collector. Therefore, the Writ Petition is disposed of with a direction to respondent No.1 to afford an opportunity of hearing to the petitioner while considering the matter in terms of the direction issued in Ext.P14 order. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WP(C) No.29104 of 2009 -:3:-