IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4767 of 2008(P) ------------------------- PETITIONER: ------------ T.D. DAVIS, GOVT. CONTRACTOR, THACHIL KANNAI HOUSE, PUTHENCHIRA EAST P.O., THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE ASSISTANT ENGINEER, P.W.D. ROADS SECTION, MALA, THRISSUR DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, KODUNGALLUR. 4. THE S.I. OF POLICE, MALA POLICE STATION, MALA P.O., THRISSUR DISTRICT. BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4767 OF 2008 P = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P6. As is evident from Ext. P5, the District Collector had posted the matter for hearing on 30.1.2008 which happened to be a public holiday. It is the specific complaint of the petitioner that subsequently the matter was not posted and that without giving him an opportunity of hearing, Ext. P6 order has been passed directing realisation of Rs.10,000/- towards penalty. From a reading of Ext. P6, it is not stated that the petitioner was heard. Therefore, I find that the petitioner is justified in his contention that Ext. P6 order has been passed in violation of the principles of natural justice. 2. Accordingly, I quash Ext. P6 and direct that the 1st respondent shall re-consider the matter with notice to the petitioner and pass orders thereon. In the meantime, it will be open to the petitioner to furnish bank guarantee for Rs.10,000/- being the fine W.P.(C) No. 4767 OF 2008 -2- that is imposed in Ext. P6, to the satisfaction of the 1st respondent on which condition, the vehicle detained should be released to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-