IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 6933 of 2005(A) ------------------------------------ PETITIONERS: -------------------- 1. C.K.SATHYAN, SECRETARY, ALANGAD BLOCK LABOUR CONTRACT SOCIETY, S/O.C.K.KRISHNAN, CHANKARADIYIL VEEDU, ALUVA. 2. P.G.JOSE, PRESIDENT, ALANGAD BLOCK LABOUR CONTRACT SOCIETY, S/O.V.J.GEORGE, VELLEPARAMBIL VEEDU, MUPPATHADAM P.O., ALUVA. BY ADV. SRI.R.RAGHUKUMAR (ALUVA) RESPONDENTS: ----------------------- 1. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. 2. THE SECRETARY, KARUMALLOOR GRAMA PANCHAYAT, KARUMALLOOR. 3. KARUMALLOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 ADV. SRI.RAJIV NAMBISAN FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6933/2005-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORIGINAL PETITION FILED BEFORE THE 1ST RESPONDENT. EXT.P2: COPY OF THE PRELIMINIARY ORDER PASSED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE FINAL ORDER PASSED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT, RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.6933 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T Challenge is on Exhibit P3 order passed by the first respondent. It is not in dispute that the said order is passed without notice to the petitioners. It is seen that as per the said order of the first respondent, steps have been taken to recover an amount of Rs.63,249/- as per Exhibit P4. 2. Since, admittedly, the impugned order is passed without notice to the petitioners, without adverting to the other contentions taken by the parties, I quash Exhibits P3 and P4 with a direction to the first respondent to consider the matter afresh with notice to the petitioners, respondents 2 and 3 and any other interested/affected party. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 6933 OF 2005 J U D G M E N T 15.10.2008