IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 1949 of 2006(F) ------------------------- PETITIONER: ------------ BALACHANDRAJI, ASST.ENGINEER, MEPPADY GRAMA PANCHAYATH, CHAKKAMPUZHA HOUSE, ANIKKAD WEST P.O., KOTTAYAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. DIRECTOR OF PANCHAYATHS, PANCHAYATH DIRECTORATE, TRIVANDRUM. 2. DEPUTY DIRECTOR OF PANCHAYATH, IDUKKI DISTRICT AT THODUPUZHA. 3. ADIMALI BLOCKPANCHAYATH REP. BY ITS SECRETARY, ADIMALI. 4. ADDITIONAL DEVELOPMENT COMMISSIONER, PANCHAYATH DIRECTORATE, TRIVANDRUM. BY ADV. SRI.ISSAC M.PERUMPILLIL FOR R3 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).1949/2006 -------------------- Dated this the 29th day of July, 2008 JUDGMENT Petitioner was an Assistant Engineer in the Meppady Grama Panchayath, Wayanad, at the time of instituting the writ petition. Learned counsel for the petitioner submits that he has been subsequently transferred to Erumeli Grama Panchayath. Writ petition has been filed challenging Exts.P1 and P2. By Ext.P1 order, Director of Panchayaths directed that an amount of Rs.10,060/- with interest at the rate of 12% should be recovered from the petitioner. Ext.P2 is a consequential communication issued by the Secretary of Meppady Grama Panchayath. Though several contentions have been taken up in the writ petition challenging Ext.P1, I am of the view that the matter requires re-consideration by the Director in circumstances where the petitioner has not been heard before the issuance of Ext.P1. Order is in violation of the principles of natural justice. W.P.(C).1949/2006 2 In the result, writ petition is allowed in part. Ext.P1 order is set aside and the Director of Panchayaths may pass fresh order on the same subject matter, after hearing the petitioner and after giving him an opportunity of filing objections. This shall be done within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs