Narayanankutty Alias Haridas vs The Secretary
2023 Latest Caselaw 11032 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                        WP(C) NO. 35060 OF 2023
PETITIONER :

          NARAYANANKUTTY ALIAS HARIDAS,
          AGED 48 YEARS, PROPRIETOR,
          M/S.SREEKRISHNA BAKERY AND SUPER MARKET,
          S/O. KRISHNANKUTTY GUPTAN,
          DOOR NO.1/642, 643 TARUR, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678 544

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          BIJOY SAM GEORGE
          V.R.SANJEEV KUMAR



RESPONDENTS :

    1     THE SECRETARY,
          TARUR GRAMA PANCHAYAT, TARUR ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678 544

    2     M/S. TARUR GRAMA PANCHAYAT,
          TARUR, ALATHUR TALUK, PALAKKAD DISTRICT
          REPRESENTED BY ITS SECRETARY, PIN - 678 544

    3     STATION HOUSE OFFICER,
          ALATHUR POLICE STATION, ALATHUR,
          PALAKKAD DISTRICT, PIN - 678 544

          BY SRI.C.A.ANOOP, SC

          BY SMT.K.AMMINIKUTTY, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35060 OF 2023
                                     2


                    BECHU KURIAN THOMAS, J.
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(C) No.35060 of 2023
                    =-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 26th day of October, 2023


                               JUDGMENT

By proceedings dated 04.10.2023, the first respondent has imposed

a fine of Rs.10,000/- upon the petitioner for having stored and sold

prohibited plastic articles.

2. The learned counsel for the petitioner contended that the first

respondent has no jurisdiction to impose a fine as per Section 219(b) of

the Kerala Panchayat Raj Act, 1994 (for short, 'the Act') and also that the

allegations are totally false. It was further submitted that no opportunity

of hearing was granted before imposing such a fine amount and

therefore, the impugned communication dated 04.10.2023 is inherently

arbitrary and without authority.

3. Sri.C.A.Anoop, the learned Standing Counsel for the Panchayat

submitted that the impugned order has been issued based upon a report

dated 25.09.2023 and therefore there is nothing arbitrary or illegal and

further that the petitioner has an alternative remedy of an appeal against

Ext.P5.

4. On a perusal of Ext.P5, it is noticed that based upon a report of

the Enforcement Squad dated 25.09.2023, the first respondent has WP(C) NO. 35060 OF 2023

imposed a fine amount of Rs.10,000/- on the petitioner without even

calling for an objection or granting an opportunity of hearing. Considering

the aforesaid circumstances, this Court is of the view that the

communication dated 04.10.2023 imposing a fine of Rs.10,000/- on the

petitioner ought to be treated only as a show cause notice and an

explanation or an objection ought to be elicited from the petitioner before

proceeding further.

5. In view of the above, the petitioner is given an opportunity to

file an objection/ explanation treating Ext.P5 communication dated

04.10.2023 as a show cause notice. If an objection is filed by the

petitioner within two weeks from today, the first respondent shall pass

appropriate orders after considering the said objection and after granting

an opportunity of being heard to the petitioner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 35060 OF 2023

APPENDIX OF WP(C) 35060/2023

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE D&O LICENSE ISSUED BY 1ST RESPONDENT IN THE NAME OF THE PETITIONER ON 14.07.2022

Exhibit P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY COMMISSIONER OF FOOD SAFETY, GOVERNMENT OF KERALA ON 31.01.2023 IN THE NAME OF THE PETITIONER

Exhibit P3 A TRUE COPY OF THE MEDICAL FITNESS CERTIFICATE FOR FOOD HANDLERS ISSUED BY THE ASSISTANT SURGEON, TALUK HEAD QUARTERS HOSPITAL, ALATHUR TALUK

Exhibit P4 A TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICATE VIDE CERTIFICATE NO. UDAYAM KL-10-0026630 DATED 27.01.2023 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES

Exhibit P5 A TRUE COPY OF THE ORDER DATED 04.10,2023 ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER

Exhibit P6 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE ON 25.02.2023 BEFORE THE 1ST RESPONDENT FILED BY THE PETITIONER