JOHNY VARGHESE Vs. STATE OF KERALA, REP. BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner is the owner of an extent of 20.24 Ares of property situate in Survey Nos. 172/8 and 172/9 of Kottappady Village in Kothamangalam Taluk. According to the petitioner, petitioner was served with a notice by the 3rd respondent namely Ext. P1 dated 15.01.2018, pointing out that the petitioner has removed laterite stone from the aforesaid property, without securing appropriate clearances from the respective statutory authorities. It is the case of the petitioner that Ext. P2 objection dated 18.04.2018, was submitted, explaining the facts and circumstances involved in the matter. However, Ext. P3 order dated 04.10.2018, is passed, unmindful of the objections raised by the petitioner in Ext. P2. From Ext. P3, what I could gather is that a notice was issued to the petitioner, to show cause why action shall not be taken against him. However, in spite of receipt of the said notice, no objection was submitted by the petitioner. Any how, on receipt of Ext. P3, now petitioner has submitted Ext. P4 before the 3rd respondent.

(2.) Learned counsel for the petitioner submitted that, the situation would suffice, if a direction is issued to the 3rd respondent to finalise the proceedings after providing an opportunity to hearing to the petitioner.

(3.) I have heard the learned counsel for the petitioner and the learned Senior Government Pleader, pursued the pleadings and documents on record.