IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 29401 of 2005(A) ----------------------------------------- PETITIONER: -------------------- K.RADHAKRISHNAN, S/O.KITTA, KEEDAN MARA, MEZHUVANPARA, THENKARA P.O., MANNARKKAD, PALAKKAD DIST. BY ADV. SRI.K.RAMAKUMAR RESPONDENTS: ------------------------- THE MANNARKKAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY. *ADDL.R2 IS IMPLEADED: R2. THE GOVERNMENT OF KERALA, REP.BY THE SECRETARY TO GOVT., DEPARTMENT OF LOCAL SELF GOVT., TRIVANDRUM. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 8/02/2006 IN I.A.NO.1214/06) BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR BY ADV. SRI.D.KRISHNA PRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29401/2005 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 7/10/2003 IN O.P.NO.33614/2002. EXT.P2: COPY OF THE REPRESENTATION DTD. 5/11/2003 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT, MANNARKKAD PANCHAYAT. EXT.P3: COPY OF THE RESOLUTION DTD. 17/11/2003 OF THE MANNARKKAD PANCHAYAT. EXT.P4: COPY OF THE GOVERNMENT ORDER NO.58093/M2/03 /LSG DTD. 16/12/04. RESPONDENT'S ANNEXURE: ANNEXURE I: COPY OF PROCEEDINGS DTD. 16/12/2004 BEARING NO.58093/M2/03/LOCAL.ADMN. OF THE GOVERNMENT OF KERALA. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29401 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 6th February, 2008 JUDGMENT The grievance of the petitioner who is a resident of the 1st respondent-Panchayat is that the decision of the Panchayat to assign door number to a building constructed by him was cancelled by the Government under Ext.P4. No counter affidavit is seen filed by the Government. It is apparent that Ext.P4 order was passed by the Government without hearing the petitioner. There are only two references in Ext.P4 and those references will indicate that the petitioner has not been heard. According to me, since Ext.P4 visits the petitioner with civil consequences, the petitioner should have been given a hearing opportunity before the Government passes Ext.P4. Therefore without going into the merits of the matter, I quash Ext.P4 on the ground that it violates principles of natural justice and direct the Government to hear the petitioner and the Secretary of the Panchayat and pass fresh orders on the issue covered by Ext.P4. Fresh orders as directed above will be passed by the Government at its earliest and at any rate within three months of receiving copy of this judgment. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -