IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 25103 of 2008(L) -------------------------- PETITIONER: --------------- C.RAMAN, CHAKKINGAL THODIYIL HOUSE, ELANKOOR POST, MALAPPURAM. BY ADV. MR. VINOD VALLIKAPPAN RESPONDENTS: --------------- 1. THE SECRETARY, KARUVARAKUNDU GRAMA PANCHAYAT, KARUVARAKUNDU POST, MALAPPURAM DISTRICT 2. THE TAHSILDAR, ERNAD TALUK, MAJERI, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, ELANKOOR VILLAGE, ELANKOOR, MALAPPURAM DISTRICT. R1 BY ADV. MR. JOSE PALLATTUKARAN R2 AND R3 BY GOVERNMENT PLEADER MR. P.K. BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 25103 of 2008 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of July, 2009 JUDGMENT The grievance of the petitioner projected in the present Writ Petition is that, Ext.P5 order has been passed without giving an opportunity of hearing to the petitioner and as such the said order as well as the consequential proceedings by way of coercive steps pursued as per Ext.P6 are liable to be set aside. 2. Heard the learned standing counsel appearing on behalf of the Panchayath, who submits with specific reference to the counter affidavit that, Ext.P4 reply stated as filed by the petitioner was actually never submitted before the Panchayath and hence that the finalization of the proceedings as per Ext.P5 cannot be stated as wrong or unsustainable. 3. Considering the facts and circumstances, this Court does not find it necessary to go into the merits of the case, but for observing that the petitioner needs to be given an opportunity to substantiate his case before the liability is finalized. In the said circumstances, Ext.P5, which is the requisition issued by the Panchayath seeking to realize the amount as stipulated therein is set aside and the Panchayath is directed to consider Ext.P4 explanation submitted by the petitioner in response to Ext.P3 show cause notice and to pass a speaking order in accordance with law, after giving an opportunity of hearing to the WP (C) No. 25103 of 2008 : 2 : petitioner. This shall be done as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. It is also made clear that, till appropriate orders are passed as above, all further coercive steps stated as being pursued against the petitioner, shall be kept in abeyance. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd