IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 23702 of 2005(V) -------------------------------------- PETITIONER : ------------------ M/S.GEE KAY HYGIENICS PVT. LTD. V/373B, PUNNAYAM, ASAMANNOR P.O., ERNAKULAM - 683 549, REPRESENTED BY ITS MANAGING DIRECTOR MAHESH KUMAR. B BY ADV. SRI.SREELAL N.WARRIER SRI.A.K.MADHAVAN UNNI SRI.N.SAJAN ANTONY SRI.S.K.PREMJITH MENON SRI.SACHIN JOSEPH RESPONDENTS : ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE DIRECTOR, BUREAU OF INDIAN STANDARDS, T.C.2/275(1 &2), NEAR FOOD CORPORATION OF INDIA, KESAVADASAPURAM - ULLOOR ROAD, THIRUVANANTHAPURAM - 695 004. 2. K.O. JOHNY, SECTION OFFICER, BUREAU OF INDIAN STANDARDS, T.C.2/275 (1&2), NEAR FOOD CORPORATION OF INDIA, KESAVADASAPURAM - ULLOOR ROAD, THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.MAJNU KOMATH, ADDL.CGSC - R1 SRI.MANOJ RAMASWAMY - R1 SRI.PEARLY JOSE - R2 SR.P.PARAMESWARAN NAIR, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23702 of 2005(V) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: NOTIFICATION NO.G.S.R.760(E) EXT.P2: NOTIFICATION NO.G.S.R.202(E) EXT.P3: COPY OF THE TEST REQUEST EXT.P4: COPY OF THE LETTER ISSUED BY PETITIONER TO RESPONDENT EXT.P5: RECEIPT SIGNED BY THE 2ND RESPONDENT EXT.P6: TRUE COPY OF RESUMPTION OF MARKING MEMO EXT.P7: TRUE COPY OF RESUMPTION OF MARKING MEMO EXT.P8: TRUE COPY OF RESUMPTION OF MARKING MEMO EXT.P9: TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 28408/04 EXT.P10: TRUE COPY OF LAB REPORT NO:BNBL/C-10226 EXT.P11: TRUE COPY OF LAB REPORT NO:2/2739 EXT.P12: LETTER SHOWING PROCEDURE TO BE ADOPTED IN RESUMPTION OF MARKING EXT.P13: RESUMPTION OF MARKING ORDERS EXT.P14: TELEGRAM ISSUED BY THE 1ST RESPONDENT EXT.P15: STOP MARKING DIRECTION EXT.P16: TEST CERTIFICATE BEARING THE NO.NABL-B 0708 DATED 23.04.2005 -TRUE COPY- P.A. TO JUDGE pac KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.23702 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Petitioner is aggrieved by Exhibit P15 notice issued by the first respondent. According to the petitioner, the same is issued without jurisdiction. There is no counter affidavit. At any rate, the same is issued without affording an opportunity for hearing to the petitioner. Being a stop marking order, the petitioner should have atleast been given an opportunity for hearing. 2. Exhibit P15 is hence quashed making it clear that in case any such order-cum-notice is to be issued, the petitioner shall be issued a notice with an opportunity for hearing preceding the same. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 23702 OF 2005 J U D G M E N T 18.07.2008