IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 16622 of 2011(C) -------------------------- PETITIONER ------------------- M.S.NARAYANA PILLAI,AGED 46 YEARS, S/O.SIVARAMAN PAILLAI, NARAYANA MANGALATH, KUTTOOR PO, PIN 689 506. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------- 1. SUB DIVISIONAL MAGISTRATE,REVENUE DIVISIONAL OFFICER, THIRUVALLA 689 101. 2. VILLAGE OFFICER, KUTTOOR VILLAGE KUTTOOR 689 506. 3. TAHSILDAR, THIRUVALLA 689 101. 4. DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA 689 101. BY GOVERNMENT PLEADER SMT.M.R.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16622 of 2011(C) --------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE TAX RECEIPT NO.1449001 DATED 20.4.2011. EXT.P2. COPY OF THE SALE DEED DT 9.3.2010. EXT.P3. COPY OF THE SETTLEMENT DEED DATED 10.3.2006. EXT.P4. COPY OF THE ORDER NO.192/11 DT. 9.5.2011 PASSED BY THE 2ND RESPONDENT. EXT.P5 COPY F THE NOTICE NO.B1-2305/11 DT. 12.5.2011 ISSUED BY THE FIRST RESPONDENT. EXT.P6. COPY of the ORDER NO.2305/11 DT. 18.5.2011 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 16622 OF 2011 ----------------------------------------------------- Dated this the 1st day of August , 2011 J U D G M E N T Challenge in this writ petition is against Ext.P6, an order passed by the first respondent levying the penalty of Rs.42,600/- on the allegation that the petitioner has quarried and removed 1880 M3 sand from the puramboke land. 2. The case of the petitioner is that initially he was issued Ext.P4 stop memo which was followed by Ext.P5 notice, calling him for an enquiry. It is stated that although he appeared before the first respondent, the Village Officer's report which was relied upon against him was not disclosed and that, without any basis what so ever penalty has been levied on him. 3. A statement has been filed by the respondents. In the statement respondents are relying on the report of the 2nd respondent on the basis of which Ext.P5 notice was W.P.(C) No. 16622 OF 2011 :2 : issued requiring the petitioner to appear for enquiry before the first respondent on 17.5.2011. It is stated that in the enquiry it was found that the petitioner, removed sand from the Attupuramboke of Varattar. 4. However, in the statement filed respondents have no case that the contents of the report relied upon in Ext.P5 notice and in Ext.P6 memo was disclosed to the petitioner. Thus Ext.P6 order was passed without following the principles of natural justice and for that reason itself it has to be interfered with. Accordingly, for the aforesaid reasons, Ext.P6 will stand set aside. The first respondent will issue notice to the petitioner, furnish him a copy of the report of the Village Officer which has been relied on against him, hear the petitioner afresh and pass orders in the matter. W.P.(C) No. 16622 OF 2011 :3 : 5. Petitioner to produce a copy of this judgment along with a copy of this writ petition before the first respondent. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-