TMI Blog2020 (3) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... violation of natural justice - It is trite and it is too elementary to require the citation of any judicial authority that where the decision taken by the decision maker would inflict adverse civil consequence on the affected party, then the elementary principles of reasonableness, fairness and natural justice would require that the affected party is heard by the decision maker before the latter renders decision thereon. The 2nd respondent Commissioner or the Head of the Department concerned may ensure that necessary instructions are given to the officials concerned in the Department so that unnecessary litigations of this nature could be easily avoided - petition disposed off. - WP(C).No.1525 OF 2020(M) - - - Dated:- 30-1-2020 - ALE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has filed the instant Writ Petition (Civil) with the following prayers: (i) To quash Ext.P-7 order issued by the 1st respondent by the issue of a writ of certiorari or such other writ or order or direction. (ii) To direct the 1st respondent to release the goods and the lorry detained as per Exts.P-5 to P-5 (d) unconditionally forthwith by the issue of a writ of mandamus or such other writ or order or direction. (iii) To grant the petitioner such other incidental reliefs including the costs of these proceedings. 2. Heard Sri.Harisankar V.Menon, learned counsel appearing for the petitioner and Dr.Thushara James, the learned Government Pleader appearing for the official respondents. 3. Later, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonally heard by the 1st respondent before the issuance of the impugned Ext.P-7 order dated 13.1.2020, but that the impugned proceedings at Ext.P-7 would broadly indicate that the petitioner was not heard, as in cases of this nature, where the party is heard, the said factum would find a place in the impugned proceedings. In this case, it is to be noted that none other than the 1st respondent has issued Ext.P-5(b) notice dated 6.1.2020 directing that the petitioner should appear for personal hearing on 14.1.2020. For reasons only known to the 1st respondent, he has chosen to pass orders as per Ext.P-7 on 13.1.2020, without affording any opportunity of being heard to the petitioner and even before the date fixed by him for the petitioner&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as pending on the file of this Court, which fact was also very much known to the 1st respondent. Accordingly, it is so ordered and declared. Consequently, it is ordered that Ext.P-7 order will stand set aside and the matter in relation to the proposed penalty thereto shall stand remitted to the 1st respondent to take a decision afresh. The petitioner will immediately furnish his written submission in the matter before the 1st respondent along with a certified copy of this judgment and this may be done within a period of 10 days from the date of receipt of a certified copy of this judgment. Thereafter the 1st respondent shall issue notice of hearing to the petitioner by registered post with acknowledgment due and thereafter the 1st respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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