IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 6432 of 2011(D) ------------------------- PETITIONER(S): --------------- V.P.ABOOBACKER, S/O.V.P.CHERIYAPPU HAJI, AGED 63 YEARS, P.W.D.CONTRACTOR, ERANHIKODE P.O., EDAVANNA, MALAPPURAM DIST. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES (GW) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, CALICUT-673 001. 3. THE EXECUTIVE ENGINEER, MI DIVISION, MALAPPURAM. 4. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 5. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 7. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, NORTHERN RANGE, KOZHIKODE. 8. INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM. 9. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES (GW) DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.6432 OF 2011(D) -------------------------------------------------- Dated this the 4th day of March, 2011 J U D G M E N T Petitioner is a Contractor who was awarded the work of Nabard R1DF XI-M1 class 1 - construction of Diversion Weir across Pariyangadupuzha at Mannattupara in Kalikavu Panchayat. According to the petitioner he executed the work and after completing all formalities, payment was also released. It is stated that subsequently, the 3rd respondent issued Ext.P2 notice rallying on Ext.P4 to P6 and calling upon the petitioner to remit Rs.69,875/-. It is challenging Ext.P2 that this writ petition has filed. 2. Although several contentions on the merits of the demand raised in Ext.P2 have been raised in writ petition, admittedly the quantification as seen in Ext.P2 has been made without issuing the petitioner even a show cause notice or affording him an opportunity of hearing. In that view of the matter, Ext.P2 has to be held as one issued in violation of the principles of natural justice. WPC.No. 6432/2011 :2 : 3. Therefore I dispose of this writ petition directing that Ext.P2 will be treated as a notice and that it will be open to the petitioner to submit his explanation in response thereto. It will also be open to the petitioner to rely on any documents that he want to produce to substantiate his contentions. Such reply shall be filed by the petitioner at any rate within one month from today. It is directed that on receipt of the reply to Ext.P2, the 3rd respondent will issue notice and hear the petitioner and thereafter will pass fresh orders in the matter. It is clarified that this court has not expressed anything on the merits of the case. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/