IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 14744 of 2008(E) ---------------------------------------- PETITIONER: ---------------------- P.GOPINATHA PANICKER, MANAGING PARTER, M/S.P.N.M.HOSPITAL, KATTAKADA, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ------------------------- 1. ASST. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1 & R3 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14744/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. 01/04/2004. EXT.P2: COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DTD. 15/11/2004. EXT.P3: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP9C) NO.46/2005 DTD. 4/01/2005. EXT.P4: COPY OF THE LETTER SENT BY THE PETITIONER DTD. 10/05/2005. EXT.P5: COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. 31/08/2007. EXT.P6: COPY OF THE PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. 27/09/2007. EXT.P7: COPY OF THE LETTER ISSUED BY THE PETITIONER DTD. 20/10/2007. EXT.P8: COPY OF THE LETTER ISSUED BY THE PETITIONER DTD. 17/04/2008. EXT.P9: COPY OF THE LETTER ISSUED BY THE PETITIONER DTD. 29/04/2008. EXT.P10: COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DTD. 5/05/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J ============== W.P.(C).No. 14744 OF 2008 ==================== Dated this the 4th day of July, 2008. J U D G M E N T The petitioner is challenging Ext.P6 order inter alia on the ground that the petitioner has not been afforded appropriate opportunity of being heard before passing orders. The contention is that the hearing was posted to 6.9.07. The petitioner got the notice of hearing only in the afternoon of 6.9.07. I had directed the learned standing counsel to obtain instructions as to whether the contention of the petitioner is correct. 2. Learned standing counsel submits that they could not ascertain as to the date of receipt of the notice of hearing by the petitioner with any amount of certainty. In the above circumstances, I am satisfied that the petitioner can be given another opportunity of being heard. Accordingly Ext.P6 is quashed. The 1st respondent is directed to reconsider the matter after affording a fresh opportunity of being heard to the petitioner. The petitioner shall appear before the 1st respondent on 21.7.2008, on which date the 1st respondent either shall hear W.P.(C).No. 14744 OF 2008 2 the petitioner or assign a date for hearing in accordance with his convenience. On the date of posting, the petitioner shall be positively present with all documents in support of his case. Thereupon, the 1st respondent shall hear the petitioner and pass appropriate orders. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-