IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 5704 of 2009(G) ------------------------- PETITIONER(S): ------------------ 1. K.RAVEENDRAN, S/O.KELAN, KOLAVIYAL, AYNIKKAD POST, KOZHIKODE DISTRICT. 2. SANTHOSH C.T., S/O.NANU, CHERIYAN CHALA THARAMMAL, AYNIKKAD, KOZHIKODE DISTRICT. BY ADV. SRI.BINDU SREEKUMAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DISTRICT COLLECTOR, KOZHIKODE DISTRICT. 3. DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOZHIKODE DISTRICT 4. INSPECTOR OF GRAND, MARINE ENFORCEMENT AND VIGILANCE, OFFICE OF ENFORCEMENT AND VIGILANCE, KOZHIKODE DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 5704 OF 2009 (G) ===================== Dated this the 31st day of March, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P9, an order passed by the 2nd respondent on 24/1/2009 upholding the penalty of Rs.25,000/- imposed on the petitioners. The main contention raised by the counsel for the petitioners is that they were not heard by the District Collector before upholding the penalty as above. 2. Instructions have been received by the learned Government Pleader that it is informed that the petitioners and others were heard by the Deputy Collector on 14/1/2009. 3. From the statement thus made by the learned Government Pleader itself, it is evident that the 2nd respondent, who has passed the order has not heard the petitioners. If that be so, the order has to be held as one passed in violation of the principles of natural justice and for that reason it deserves to be set aside. WPC 5704/09 :2 : Therefore, setting aside Ext.P9, the writ petition is disposed of directing the 2nd respondent to issue notice, hear the petitioners and pass appropriate orders in the matter as directed above. ANTONY DOMINIC, JUDGE Rp