IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 19053 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------- ABOOBACKER C.K., AGED 65 YEARS, S/O. HKADER, CHITTETHUKUDY HOUSE, PONJASSERY P.O., ALUVA. BY ADV. MR.LIFFY P. FRANCIS RESPONDENT(S): -------------------------- VENGOLA GRAMA PANCHAYATH, (SPECIAL GRADE), REPRESENTED BY ITS SECRETARY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.19053 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of July, 2009. JUDGMENT 1.Notice to the respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2.The petitioner has been issued Ext.P1 which does not show that he was given any prior notice or heard in relation to the issue. There are allegations touching a small trade conducted by him. It is appropriate that the petitioner be heard in relation to that before a final decision is taken. Not only that, any such final decision would generate, if necessary, for the statutory proceedings. Therefore, it is ordered that Ext.P1 will be treated as a preliminary order and notice and the petitioner will be given an opportunity to show cause against the said provisional WP(C)19053/09 -: 2 :- decision. The petitioner will be so heard and a final decision issued and until then, further proceedings on the basis of Ext.P1 will stand suspended. However, having regard to the nature of the allegations in Ext.P1, it is directed that such proceedings shall be concluded within an outer limit of 45 days from the date of receipt of a copy of this judgment. It is also ordered that if the decision is against the interest of the petitioner, the order will disclose the reasons for such decision. The writ petition is ordered accordingly. The office will communicate a copy of this judgment to the first respondent. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090709