IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 7077 of 2009(D) ---------------------------------- PETITIONER(S): --------------- 1. P.R.PAVITHRAN, AGED 75 YEARS, S/O.LATE RAMANKUTTY, PAKKUVALLIL HOUSE, AMBIKA MARKET P.O., VAIKOM, KOTTAYAM DISTRICT. 2. P.N.SASI, AGED 55 YEARS, S/O.NARAYANAN, PAZHANILATHURA HOUSE, THALAYAZHAM, ULLALA P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICER, VAIKOM, KOTTAYAM DISTRICT. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 7077 OF 2009 ---------------------------------------- Dated this the 16th day of March, 2009 JUDGMENT The petitioners are aggrieved by Ext.P6 order, whereby the petitioners' toddy shop licence has been cancelled on the grounds stated therein. The petitioners challenge the same primarily on the ground that before passing Ext.P6 order, the petitioners have not been afforded an opportunity of being heard. In the above circumstances, I directed the learned Government Pleader to obtain instructions as to whether the petitioners have been heard before passing Ext.P6 order. Today, the learned Government Pleader submits that the petitioners were not given a personal hearing, since in the objection filed by the petitioners to the show cause notice cum suspension order, they have not specifically requested for a personal hearing. 2. I am of opinion that in so far as the order affects the civil rights of the petitioners, even though the petitioners had not asked for a personal hearing, the petitioners should have been granted one. W.P.(c)No.7077/09 2 In the above circumstances, Ext.P6 is in violation of the principles of natural justice. Accordingly, Ext.P6 is quashed. The 2nd respondent is directed to pass fresh orders in the matter, after affording an opportunity of being heard to the petitioners. Fresh orders in this regard shall be passed as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.7077/09 3