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Kerala High Court
Mr. P.E. Martin vs Kerala State Civil Supplies ... on 19 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) Nos.8491/2025, 8603/2025
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2026:KER:4455
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 8491 OF 2025
PETITIONER :
MR. P.E. MARTIN
AGED 53 YEARS
THE PROPRIETOR,
M/S. PALLICKAL FOOD PRODUCTS,
S/O. SHRI. ESTHAPPANOSE,
PALLICKAL HOUSE, ANGADIKADAVU,
ANGAMALY, ERNAKULAM,
PIN - 683572
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SMT.ATHIRA K.S.
SHRI.GEORGE ROY
SHRI.ISMAIL SHAHAR
RESPONDENTS :
1 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
MAVELI BHAVAN, GANDHI NAGAR,
ERNAKULAM,
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 682020
2 THE MANAGER (PADDY PROCUREMENT)
CIVIL SUPPLIES CORPORATION,
HEAD OFFICE, GANDHI NAGAR,
ERNAKULAM, PIN - 682020
WP(C) Nos.8491/2025, 8603/2025
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BY SMT.R.RANJANIE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.01.2026, ALONG WITH WP(C)NO.8603/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8491/2025, 8603/2025
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2026:KER:4455
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
WP(C) NO. 8603 OF 2025
PETITIONER :
M/S. PALLICKAL AGRO MILLS3
A PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER,
MR. P.E. MARTIN, AGED 53 YEARS
S/O. SHRI. ESTHAPPANOSE,
PALLICKAL HOUSE, ANGADIKADAVU,
ANGAMALY, ERNAKULAM,
PIN - 683 572
BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA
SHRI.GEORGE ROY
SMT.ATHIRA K.S.
SHRI.ISMAIL SHAHAR
RESPONDENTS :
1 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
MAVELI BHAVAN, GANDHI NAGAR,
ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 682020
2 THE MANAGER (PADDY PROCUREMENT)
CIVIL SUPPLIES CORPORATION,
HEAD OFFICE, GANDHI NAGAR,
ERNAKULAM, PIN - 682020
WP(C) Nos.8491/2025, 8603/2025
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2026:KER:4455
SMT.R.RANJANIE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.01.2026, ALONG WITH WP(C).8491/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8491/2025, 8603/2025
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BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(C) Nos.8491 & 8603 of 2025
----------------------------------------
Dated this the 19th day of January, 2026
JUDGMENT
Petitioners in these two writ petitions are rice mill owners
who are aggrieved by Ext.P7 and Ext.P8 orders issued by the first
respondent imposing a liability of Rs.27,81,39,531/- on each of
them. Identical amounts have been imposed in both these writ
petitions and a portion of those liabilities have even been recovered
by encashing bank guarantees. The balance amount of
Rs.23,53,39,531/- has been demanded from each of the petitioners.
2. The main challenge raised by the petitioners is that
there is a violation of principles of natural justice in issuing the
impugned orders. The petitioners also contend that no amounts are
due from them as alleged by the first respondent and therefore in
the absence of an effective hearing, the impugned orders are liable
to be set aside.
3. The respondents have filed a statement wherein it is
WP(C) Nos.8491/2025, 8603/2025
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stated that despite a show cause notice, the mill owners failed to
respond and instead filed explanations through the Managers of the
two mills. It is also stated that since the explanation submitted by
the Managers were not sufficient, the impugned orders were issued.
4. I have heard Sri.K.R,Vinod, the learned counsel for the
petitioners as well as Smt.R.Ranjanie, the learned Standing Counsel
for the first respondent.
5. During the course of hearing and on a perusal of the
documents produced on behalf of the petitioners as well as the
respondents, it has become evident that the impugned orders
Ext.P7 in both these writ petitions, were issued without granting any
opportunity of hearing to the petitioners. Even the observations in
the impugned orders that the mill owners did not respond is
factually incorrect since concededly, response was filed by the
petitioners through their Managers which is legally sufficient to be
regarded as an explanation to the show cause notice.
6. Since the contention of the petitioners that there was a
violation of the principles of natural justice is found to be legally
tenable in the circumstances of the case, I am of the view that the
WP(C) Nos.8491/2025, 8603/2025
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impugned orders cannot be sustained and the same are liable to be
quashed.
Accordingly Ext.P7 order as well as the consequential order
Ext.P8 in both these writ petitions are quashed and the first
respondent is directed to issue fresh notices for hearing to the
petitioners and take a decision thereon after granting an effective
opportunity of hearing to the petitioners. A decision as directed will
be taken in a time bound manner.
The writ petitions are allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) Nos.8491/2025, 8603/2025
2026:KER:4455
APPENDIX OF WP(C) NO. 8491 OF 2025
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED
10.10.2023 EXECUTED BETWEEN THE PETITIONER
AND THE RESPONDENTS
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED
23.09.2024 EXECUTED BETWEEN THE PETITIONER
AND RESPONDENTS
Exhibit P3 TRUE COPY OF THE BANK GUARANTEE ISSUED BY
FEDERAL BANK LIMITED, NEDUMBASSERY BRANCH,
ANGAMALY OF RS.2,00,00,000/- PRODUCED BY
THE PETITIONER BEFORE THE RESPONDENTS
Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
BY THE 2 ND RESPONDENT DATED 24.12.2024
Exhibit P5 TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER TO EXHIBIT P4 NOTICE DATED
30.12.2024
Exhibit P6 TRUE COPY OF THE EMAIL DATED 06.02.2025
ISSUED BY THE BANK
Exhibit P7 TRUE COPY OF THE NOTICE DATED 15.02.2025
ISSUED BY THE 2 ND RESPONDENT
Exhibit P8 TRUE PROCEEDINGS AND CONSEQUENTIAL ORDER
THAT WAS CULMINATED TO EXHIBIT P7
WP(C) Nos.8491/2025, 8603/2025
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APPENDIX OF WP(C) NO. 8603 OF 2025
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE AGREEMENT NO.L 592435
DATED 07.10.2023 EXECUTED BETWEEN THE
PETITIONER AND THE RESPONDENTS
Exhibit P2 TRUE COPY OF THE AGREEMENT NO.N547719
DATED 23.09.2024 EXECUTED BETWEEN THE
PETITIONER AND RESPONDENTS
Exhibit P3 TRUE COPY OF THE RENEWAL LETTER
NO.7029121BG0000008 OF BANK GUARANTEE
DATED 17.02.2024
Exhibit P4 TRUE COPY OF THE SHOW CAUSE
NO.KSCSC/11347/2024/PADDY2 NOTICE ISSUED
BY THE 2 ND RESPONDENT DATED 24.12.2024
Exhibit P5 TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER TO EXHIBIT P4 NOTICE DATED
30.12.2024
Exhibit P6 TRUE COPY OF THE EMAIL DATED 07.02.2025
ISSUED BY THE BANK
Exhibit P7 TRUE COPY OF THE NOTICE DATED 15.02.2025
ISSUED BY THE 2 ND RESPONDENT
Exhibit P8 TRUE PROCEEDINGS AND CONSEQUENTIAL ORDER
NO.KSCSC/11347/2024/PADDY2(1) THAT WAS
CULMINATED TO EXHIBIT P7
