IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 32910 of 2007(P) ---------------------------------------- PETITIONER: --------------------- KOSHY THOMAS, MUNICIPAL COUNCILLOR, WARD NO.34, THIRUVALLA MUNICIPALITY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVT. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THIRUVALLA MUNICIPALITY, REP. BY ITS SECRETARY, THIRUVALLA, PATHANAMTHITTA DISTRICT. R1 BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR R2 BY ADV. SRI.S.SUBHASH CHAND, SC.THIRUVALLA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32910/2007 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DTD. 9/05/2005 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE ENQUIRY REORT THE COUNCILLORS. EXT.P3: COPY OF THE NOTICE ISSUED BY THE VIGILANCE TO THE PETITIONER. EXT.P4: COPY OF THE NOTICE NO.6307/PA1/00/LSGI DTD. 27/07/2006. EXT.P5: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 18/08/2006. EXT.P6: COPY OF THE ORDER NO.6307/AA1/2006/LSGI DTD. 15/09/07. EXT.P7: COPY OF THE ORDER NO.G1/2078/07 DTD. 6/10/2007 ISSUED BY THE SECRETARY, THIRUVALLA MUNICIPALITY. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 32910 OF 2007 ----------------------------------------------- DATED THIS THE 11TH JANUARY, 2008 J U D G M E N T One of the grounds, on which Ext.P6 order of the Government and Ext.P7 consequential order passed by the Municipality are under challenge, is that Ext.P6 order of the Government was issued by the Government without hearing the petitioner. In Ground No.D the petitioner has specifically contended as follows: “The petitioner was under the bonafide impression that he will be called for a personal hearing in the matter. But to his surprise the 1st respondent by his order dated 15-9-2007 has ordered that the amount of Rs.80,000/- (Eighty thousand) should be recovered from the petitioner. The said order No.6307/AA1/2006/LSGI dated 15-9-2007 is produced herewith and marked as Ext.P6.” 2. I have heard the submissions of Sri. Koshy George, learned counsel for the petitioner, Sri. Subhash Chand, standing counsel for the Municipality and the learned Government Pleader Mr.K.J.Mohammed Anzar. Having regard to the submissions, I am of the view that since the ground that Ext.P6 was passed by the WP(C)No.32910/2007 -2- Government without hearing the petitioner has not been controverted by the Government, the Government can be directed to hear the petitioner and pass fresh orders on the issue covered by Ext.P6. Accordingly, Ext.P6 to the extent it pertains to the petitioner is quashed and the first respondent is directed to hear the petitioner and pass fresh orders on the issue covered by Ext.P6. It is open to the petitioner to raise the jurisdictional question raised by the petitioner in this writ petition before the Government. The Government will conduct hearing and pass fresh orders at the earliest, at any rate within three months of receiving a copy of this judgment. The Government will issue hearing notice to the Municipality also for hearing is conducted. The writ petition is disposed of accordingly. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.32910/2007 -3- WP(C)No.32910/2007 -4-