The denial of an opportunity to be heard constitutes a violation of the principles of natural justice, necessitating quashing of the order.

JUDGMENT

Petitioner challenges Ext.P4 order issued by the 2nd respondent. The order under challenge came to be passed, pursuant to the direction in Ext.P1 judgment. The main contention raised by the petitioner while assailing Ext.P4 order is that he was not granted an opportunity of being heard.

2. I haveheard Smt.T.B.Ramani, the learned counsel for the petitioner, Smt.Amminikutty.K, the learned Senior Government Pleader as well as Sri.P.Ravindran, Senior counsel instructed by Smt. Lakshmi Ramadas, the learned counsel for respondents 5 to 7.

3. Though various contentions have been raised by the petitioner, the learned Senior Counsel appearing on behalf of respondents 5 to 7 concedes that, despite a specific direction to grant an opportunity of hearing to all parties, the petitioner seems to have not been heard, as evident from the impugned order.

4. Though the learned Government Pleader submitted that it was evident that the petitioner was not required to be heard before passing the impugned order especially in the absence of any representation having been given, I am of the view that, since the contesting parties are at ad idem regarding the absence of an opportunity of being heard, the contention raised by the learned Government Pleader is only to be rejected.

5. Since I am also convinced that there is nothing to indicate in the impugned order that the petitioner was granted an opportunity of being heard, there is a violation of the principles of natural justice.

6. The petitioner had approached this Court earlier in WP(C)

No.16246 of 2019, along with other writ petitioners therein, which resulted in Ext.P1 judgment. Therefore, it only appropriate that petitioner be given an opportunity of being heard. Since such an opportunity was not granted, as evident from Ext.P4, necessarily the said order has to be quashed.

Accordingly, Ext.P4 is quashed. The 2nd respondent shall pass fresh orders as directed in Ext.P1 judgment after hearing all the aggrieved persons, including the writ petitioner and the contesting respondents in the judgment in WP(C) No.20051 of 2017 and all connected writ petitions therein. Appropriate orders as directed above shall be issued untrammeled by any observation in Ext.P4 order and shall be passed, as expeditiously as possible, at any rate, within an outer period of six weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.