IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 29505 of 2011(K) -------------------------- PETITIONER(S): ---------------------- S. K. SANKARA NARAYANA IYER & SONS (AGENCIES) KEROSENE WHOLESALE DEALER (K.W.D), THIRUVILLWAMALA,THALAPPILLY, THRISSUR DISTRICT, REPRESENTED BY PARTNER, S. K. SAHASRANAMAN BY ADVS. SRI. T. S. RADHAKRISHNA PILLAI SRI. T. P. RAJENDRAN NAIR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM 695 001. 3. THE DISTRICT COLLECTOR, THRISSUR DISTRICT 680 001. 4. THE DISTRICT SUPPLY OFFICER, THRISSUR 680 001. 5. THE TALUK SUPPLY OFFICER, THALAPPILLY,THRISSUR 680 001. R1 TO R5 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WP(C).No. 29505 of 2011(K) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF REPORT NO SKS/T MALA/06 DT.10.05.2006 BY PETITIONER TO THE 5TH RESPONDENT. EXT. P2 COPY OF REPORT NO SKS/T MALA/06 DT.19.05.2006 BY PETITIONER TO THE 5TH RESPONDENT. EXT. P3 COPY OF CERTIFICATE ISSUED BY C.I. OF POLICE, EDAPPALLY DT.09.05.2006 EXT. P4 ABSTRACT OF MONTHLY INSPECTION REGISTER BY 5TH RESPONDENT. EXT. P5 COPY OF NEWS ITEM APPEARED IN MALAYALA MANORAMA DT.10.05.2006 EXT. P6 COPY OF REPORT NO. SKS/T.MALA/06 DT.16.05.2006 BY PETITIONER TO THE TALUK SUPPLY OFFICER,WADAKKANCHERY EXT. P7 COPY OF NOTICE NO.CS 2-1302/06 DT. 15.09.2011 ISSUED BY 5TH RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE PN ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29505 of 2011 K ``````````````````````````````````````````````````````````` Dated this the 23rd day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P7 notice issued by the fifth respondent, calling upon the petitioner to remit an amount of `3,37,689/- towards 9,900 litres of kerosene lost, this writ petition has bee filed. Among the various contentions, one of the points is that such a decision has been taken without issuing notice to the petitioner. 2. In view of the submission, learned Government Pleader was asked to get instructions. Accordingly, the learned Government Pleader submitted that, pursuant to the directions issued by the first respondent to the second respondent, the second respondent directed the fifth respondent to take appropriate action for recovery of the amounts and that it was accordingly Ext.P7 was issued by the fifth respondent. However, the fact that Ext.P7 was issued without notice to the petitioner is not disputed by the W.P.(C) No.29505/2011 : 2 : learned Government Pleader. If that be so, the decision as per Ext.P7 is violative of the principles of natural justice and it cannot be sustained. 3. In such circumstances, I direct that Ext.P7 be considered as a notice to the petitioner and the petitioner shall be at liberty to file his objections in the matter to the first respondent, which shall be filed within two weeks from today. If the petitioner files his objections as above, the first respondent will issue notice to him and after affording an opportunity for hearing, fresh orders in the matter will be passed. Needless to say that further action for recovery pursuant to Ext.P7 shall not be enforced until the mater is decided afresh. 4. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the fifth respondent for compliance. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/11