IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 W.P(C).No. 6665 of 2008(R) -------------------------------- PETITIONER: --------------- THE MALABAR CHAMBER OF COMMERCE (INCORPORATED AS PER CERTIFICATE OF INCORPORATION NO.5 OF 1930-1931 UNDER THE INDIAN COMPANIES ACT, 1913), CHEROOTTY ROAD KOZHIKODE, REPRESENTED BY ITS ACTING SECRETARY. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT GOVERNMENT WOMEN & CHILD HOSPITAL, KOZHIKODE. BY GOVT. PLEADER, SRI.I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6665 OF 2008 R ==================== Dated this the 3rd day of March, 2008 J U D G M E N T The challenge in this writ petition is against Exts. P4 and P5. Ext.P5 is an order issued by the 1st respondent on 12/2/2008, ordering taking over ownership of the comfort station in the premises of Women & Children Hospital, Kozhikode from the petitioner. In pursuance to Ext.P5, 2nd respondent issued Ext.P4, requiring the petitioner to hand over the ownership of the comfort station. According to the petitioner, on the strength of Exts. P4 and P5, comfort station has been taken over on 25/2/2008. It is in this background this writ petition has been filed challenging the above action of the respondents. 2. Learned Government Pleader on instruction submits that there were several allegations against the manner in which the affairs of the comfort station was being managed by the petitioner and therefore the 1st respondent had issued Ext.P4 and WPC 6665/08 :2 : that the comfort station was eventually taken over by the 2nd respondent. All these allegations are denied by the counsel for the petitioner who also complains that not even a show cause notice was issued to them. 3. By Exts. P4 and P5, the comfort station which has been constructed by the petitioner has been taken over from the petitioner on the basis of some allegations. If there were any allegations about the manner in which the petitioner was conducting the affairs of the comfort station, natural justice required that the petitioner should be put on notice of the allegations and petitioner should have been given an opportunity to explain those allegations to the 1st respondent. Admittedly, that has not been done in this case. Therefore, the situation calls for interference by this court and the matter has to be reconsidered. 4. Accordingly, I direct that the 1st respondent shall issue a show cause notice to the petitioner detailing the allegations and on receipt thereof, petitioner should be permitted to file his reply to the show cause notice and an opportunity to WPC 6665/08 :3 : personally explain the matter to the 1st respondent shall also be given. Thereafter the 1st respondent shall pass fresh order in the matter untrammelled by the contents of Exts. P4 and P5. I also notice that the petitioner has a claim for monetary compensation as well. 5. In these circumstances, this writ petition is disposed of in the manner indicated above. In the meantime, I also direct that the status quo as on date will be maintained by the respondents 1 and 2 in the matter of possession and management of comfort station. ANTONY DOMINIC,JUDGE. Rp