IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 7240 of 2008(J) ------------------------- PETITIONER: ------------ K.R.GOPALAKRISHNAN, SECRETARY, LAKKATTOOR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO. K-35 (APCOS), KOTTAYAM DISTRICT. BY ADV. SRI.LIJI.J.VADAKEDOM SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR-DAIRY DEVELOPMENT DEPARTMENT, OFFICE OF THE DEPUTY DIRECTOR, (DAIRY DEVELOPMENT DEPARTMENT), KOTTAYAM. 3. LAKKATTOOR MILK PRODUCERS CO-OP. SOCIETY LTD.NO. K-35 (APCOS) LAKKATTOOR P.O., KOTTAYAM (DISTRICT) REPRESENTED BY ITS ADMINISTRATORS. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 7240 OF 2008 - J = = = = = = = = = = = = = = = Dated this the 18th day of March, 2008. = = = = = = = = = = = = = = = = = = = = = = J U D G M E N T Ext.P1 was issued without hearing the petitioner. Therefore no action on its basis could be taken without hearing the petitioner. On the face of Ext.P1, issued by the Deputy Director, the society has proceeded to mulct liability on the petitioner. Under such circumstances, the impugned proceedings, in so far as it is proceeds on the basis of Ext.P1, are quashed and it is directed that the petitioner will be given an opportunity of hearing, by the Deputy Director, treating Ext.P1 as a tentative decision and notice to show cause against further action, either by the 2nd respondent or by the 3rd respondent. It is so directed and the writ petition ordered accordingly. The petitioner shall place his case before the 2nd respondent within a period of one month. The writ petition is disposed of accordingly. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-