V.Chandran vs State Of Kerala
2023 Latest Caselaw 8746 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                   WP(C) NO. 23620 OF 2023
PETITIONER/S:

          V.CHANDRAN , AGED 64 YEARS
          S/O. VASUDEVAN, PROPRIETOR, CHITRA ENTERPRISES,
          PANGODE P.O VIA KALLARA, THIRUVANANTHAPURAM, PIN
          - 695608
          BY ADVS.
          K.B.GANGESH
          SMITHA CHATHANARAMBATH
          ATHIRA A.MENON


RESPONDENT/S:

    1     STATE OF KERALA
          REP. TO THE SECRETARY TO GOVERNMENT DEPARTMENT OF
          FOREST, SECRETARIAT, THIRUVANANTHAPURAM -, PIN -
          695001
    2     KERALA FOREST DEVELOPMENT CORPORATION LTD
          AARANYAKOM, KARAPUZHA, KOTTAYAM - REP. BY ITS
          MANAGING DIRECTOR., PIN - 686003
    3     DIVISIONAL MANAGER
          KERALA FOREST DEVELOPMENT CORPORATION LTD
          THIRUVANANTHAPURAM DIVISION, VELLAYAMABALAM,
          SASTHAMANGALAMA P.O THIRUVANANTHAPURAM -, PIN -
          695017
OTHER PRESENT:

          SRI. B.S.SYAMANTAK, GP,
          SMT.KABANI DINESH, SC, KFDC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No.23620 of 2023



                             P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 23620 of 2023
                        =============================================================

                      Dated this the 9th day of August, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i) a Writ of Certiorari or any other appropriate writ, order or direction to quash Ext P12 demand issued by the 3 rd respondent;

ii) any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs.

iii) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition." (sic)

2. The main grievance is that Ext.P12 order is passed by the

3rd respondent without giving an opportunity of hearing to the

petitioner. When this writ petition came up for consideration on

25.07.2022, this Court directed the Standing Counsel appearing for

respondents to get instructions about the same. The Standing Counsel,

after getting instructions, submitted that even though Ext.P12 was

W.P.(C). No.23620 of 2023

passed without giving an opportunity of hearing to the petitioner,

sufficient prior notices were issued to the petitioner. That shows that

Ext.P12 is an order passed without giving an opportunity of hearing to

the petitioner. As per Ext.P12, the contract is cancelled at the risk and

costs of the petitioner. When such a serious action is taken, it is the

duty of the authority concerned to give an opportunity of hearing to

the petitioner. Therefore, without making any observation on merit,

Ext.P12 can be set aside and there can be a direction to the

respondents to reconsider the matter after giving an opportunity of

hearing to the petitioner.

Therefore, this writ petition is disposed of in the following

manner:

1.Ext.P12 is set aside.

2. The 2nd respondent is directed to reconsider the matter,

after giving sufficient opportunity of hearing to the

petitioner.

W.P.(C). No.23620 of 2023

3. I make it clear that, I have not considered the matter on

merit and the 2nd respondent is free to pass appropriate

orders, in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No.23620 of 2023

APPENDIX OF WP(C) 23620/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE NO. C1-1554/2020 ISSUED BY THE 2 ND RESPONDENT DATED 15.09.2020 Exhibit P2 TRUE COPY OF LETTER DM/TVM/1124/2020-21 DATED 11.11.2020 ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF LETTER DATED 23.11.2020 PREFERRED BY THE PETITIONER TO THE 3 RD RESPONDENT Exhibit P4 TRUE COPY OF LETTER DM /TVM/1124/2020-21 DATED 24.11.2020 ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF LETTER DATED 28.11.2020 SUBMITTED BY THE PETITIONER TO THE 3 RD RESPONDENT Exhibit P6 TRUE COPY OF ORDER NO. C1-1554/2020 DATED 18.02.2021 ISSUED BY THE 2 ND RESPONDENT Exhibit P7 TRUE COPY OF PUBLIC NOTICE FOR RE-SALE AT THE RISK AND COST OF THE PETITIONER ISSUED BY THE 3 RD RESPONDENT ON 26.02.2022 Exhibit P8 TRUE COPY OF PUBLIC NOTICE C1/1485/21 DATED 08.09.2021 ISSUED BY THE 3 RD RESPONDENT Exhibit P9 TRUE COPY OF NOTICE FOR TENDER CUM AUCTION SALE INCORPORATING FRESH CONDITIONS ISSUED BY THE 2 ND RESPONDENT DATED 08.09.2021 Exhibit P10 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 22824/2021 DATED 15.12.2021 Exhibit P11 TRUE COPY OF LETTER DATED 07.01.2022 PREFERRED BY THE PETITIONER TO THE 2 ND RESPONDENT Exhibit P12 TRUE COPY OF DEMAND TV.A /75/2020-21 DATED 19.06.2023 ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER