IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 3084 of 2009(P) --------------------------------- PETITIONER(S): ------------------- ISSAC.T.DEVASSIA, AGED 56 YEARS, S/O.DEVASSIA, THEREPLACKAL HOUSE, KOOVAPPILLY P.O. KANJAR, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL RESPONDENT(S): --------------- 1. THE SECRETARY, THODUPUZHA MUNICIPALITY, THODUPUZHA. 2. THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THODUPUZHA. 3. THE INDIAN OIL CORPORATION, REPRESENTED BY ITS DIVISIONAL MANAGER, INDIAN OIL CORPORATION PANAMPILLY NAGAR, KOCHI-36. SRI. P.K. SOYUZ – SC FOR THODUPUZHA MUNICIPALITY SRI.E.K. NANDAKUMAR -SC FOR IOC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3084 OF 2009 ---------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT The petitioner is aggrieved by Ext.P9 order of the 1st respondent by which a permit granted to the petitioner for establishment of a petroleum retail outlet has been cancelled. The petitioner contends that Ext.P9 order has been passed without any notice or hearing to the petitioner. 2. I have heard the learned Standing Counsel appearing for respondents 1 and 2 as well as the learned Standing Counsel appearing for the 3rd respondent. Ext.P9 does not refer to any prior notice or hearing to the petitioner. That being so, Ext.P9 order has been passed in violation of principles of natural justice. However, in view of the order I propose to pass, it is not necessary to quash Ext.P9 on that ground. After hearing all parties, I dispose of this writ petition with the following directions: Ext.P9 would be treated as a show cause notice. The petitioner shall file his objections to Ext.P9 show cause notice W.P.(c)No.3084/2009 2 within a period of two weeks from today. Thereupon the 1st respondent shall pass orders pursuant to that show cause notice, after affording an opportunity of being heard to the petitioner. Needless to say, till such orders are passed the proposed action in Ext.P9 shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.3084/2009 3