Due process requires that a party be afforded an opportunity to be heard before decisions affecting their rights are made.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) to call for the records leading to Exhibits P-4 , to quash the same by the issue of a writ of certiorari or other appropriate writ direction or order;

(ii) to issue a writ of mandamus or other appropriate writ direction (iii) or order directing the respondent to take up the matter, afford an opportunity of being heard to the petitioner and decide the case afresh, in accordance with law.

(iv) to dispense with filing of English translation of vernacular documents produced along with the WP(C). And v. to grant such other relief as this Hon’ble Court may deem fit in the facts and circumstances of the case."

[SIC]

2. The petitioner is aggrieved by Ext.P4 notice issued by the 2^nd respondent. The application submitted by the petitioner for the issuance of a licence to run a fish stall was rejected by the Panchayat as per Ext. P4. The short point raised by the petitioner is that, Ext.P4 notice was issued without giving an opportunity of hearing to the petitioner. Hence, this Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the Panchayat.

4. This Court perused Ext.P4. There is nothing in Ext.P4 to show that it is a notice issued after giving an opportunity of hearing to the petitioner. In such circumstances, on that short point, Ext.P4 is to be set aside. The Panchayat has to reconsider the matter after giving an opportunity of hearing to the petitioner. All the contentions raised by the petitioner in this Writ Petition are left open.

Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P4 is set aside.

2. The 2^nd respondent is directed to reconsider the license application submitted by the petitioner as evident by Ext.P3 acknowledgment after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a certified copy of this judgment.

3. The petitioner will appear before the 2^nd respondent on 09.03.2026 along with a copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM

05/11/2025 EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER ACKNOWLEDGING THE RECEIPT OF APPLICATION FOR ISSUING THE LICENSE OF THE FISH STALL BY THE

2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTICE DATED

17/11/2025 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE BYLAW ISSUED BY THE

2ND RESPONDENT