A party's right to a hearing must be ensured before passing adverse orders, necessitating reconsideration.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

The above writ petition is filed with following prayers :

i. “To issue a writ of certiorari calling for the records leading to Exts. P2 and P3 and to quash the same.

ii. To dispense with the production of English translation of Vernacular documents.

iii. To grant such other reliefs as this Honourable Court may deem fit and proper.” [sic]

2. The main grievance of the petitioner is that Exts.P2 and P3 orders are passed without giving an opportunity of hearing to the petitioner. It is true that a statement is filed by respondent nos. 1 to 3 and a reply is also filed. A perusal of Exts.P2 and P3 would not show that it is an order passed after giving an opportunity of hearing to the petitioner. When this writ petition came up for consideration before this Court on 13.1.2023, this Court passed the following order :

“Petitioner submits that Exhibit P3 has been passed without affording an opportunity of hearing to the petitioner. 

Admit.

Standing Counsel takes notice for the respondents.

There will be an interim order of staying all further proceedings of Exhibit P3 for a period of one month.”

3. The interim order is regularly extended. I am of the considered opinion that this writ petition need not be retained here. The impugned orders can be set aside and there can be a direction to reconsider the matter, after giving sufficient opportunity of hearing to the petitioner.

Therefore, this writ petition is disposed of with the following directions :

1) Exts.P2 and P3 are set aside.

2) The competent authority among the respondents will reconsider the matter after giving sufficient opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

3) Status quo as on today shall be maintained till final orders are passed as directed above.