IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26149 of 2009(K) -------------------------- PETITIONER(S): --------------- RADHA VIJAYAN, W/O.VIJAYAN, AGED 48 YEARS, SASTHAVILASOM, 2ND MILE, PALLIVASAL P.O., IDUKKI. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J.THOMAS RESPONDENT(S): --------------- 1. PALLIVASAL GRAMA PANCHAYATH, PALLIVASAL POST, CHITHIRAPURAM (VIA), IDUKKI DISTRICT, PIN-686565. 2. SECRETARY, PALLIVASAL GRAMA PANCHAYATH, PALLIVASAL POST, CHITHIRAPURAM (VIA), IDUKKI DISTRICT, PIN-685565. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26149 OF 2009 ------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT Notice to the respondents dispensed with, preserving their right for re-hearing of the matter, if aggrieved by the order being issued hereunder. The petitioner states that the impugned Ext.P2 is passed as a final order without any prior notice and also without even notifying to the petitioner the alleged violation of the provisions of law. Having perused the materials, I am satisfied that the contention of the petitioner is justified. Under such circumstances, it is directed that the impugned Ext.P2 shall be treated as a provisional notice. Yet that notice does not contain any specific allegation as to the violation of any rule. Therefore, on production of a copy of this order, the respondent panchayat will issue to the petitioner a statement regarding the specific reason, if any, on the basis of which, Ext.P2 has been issued. With that, the petitioner will show cause to Ext.P2 and thereafter WPC.26149/09 Page numbers he will be given an opportunity of hearing and the panchayat will take a decision in the matter in accordance with law. Until that is done, further action on the basis of the impugned notice will stand suspended. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/9.