IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Balakrishnan, S/o. Arjuna Reddiar – Appellant
Versus
Alappuzha Municipality, Represented By Its Secretary – Respondent
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
A party's right to a hearing must be ensured before passing adverse orders, necessitating reconsideration.
The court allows the writ petition directing the authorities to expedite hearing of the appeal while keeping previous orders in abeyance.
Judicial review allows directive for expeditious consideration of appeals in administrative decisions.
Due process requires that parties are given a fair opportunity to be heard before adverse orders are issued.
The court directed reconsideration of the appeal while staying further proceedings based on prior orders, affirming the need for due process.
Petitioners must be given an opportunity to present objections before decisions are made by local authorities.
Writ petition not entertained against appealable municipal order; direction to approach appellate authority.
The absence of a hearing opportunity in administrative cancellations under specific rules violates procedural fairness.
The court emphasized the necessity for opportunity of hearing in administrative decisions to uphold principles of natural justice.
Court directs government to consider representation for teacher appointment approval in light of Supreme Court precedent.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.