1. This writ petition is filed with the following prayers:

                  i. a writ of certiorari or any other writ, order or direction quashing Ext. P4 order imposing fine on the petitioner as it was passed without affording an opportunity of hearing

                  ii. an order to dispense with the filing of the translation of vernacular documents produced as Exhibits in the Writ Petition.

                  iii. any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and to allow this petition.

(SIC)

2. Petitioner is the owner of National Plywood Industries functioning in the Rubber Park, Airapuram. KINFRA is a Government agency under the Government of Kerala and a joint venture of the Government of Kerala. The petitioner states that the rubber park has an effluent treatment plant that uses a common drainage system to collect effluents. The authorities of the rubber park are duty-bound to ensure maintenance of the above effluent treatment plant, is the submission. The petitioner submits that most of the manufacturing units, including the petitioner, have installed individual effluent treatment plants in the rubber park and that the plants are functioning properly. The entire wastewater generated therein is treated and re-used is the submission.

3. While being so, some persons have filed complaints before the 1st respondent Panchayat alleging pollution, on which the Health Department of the Panchayat conducted an investigation and filed a report. Based on the above complaints and reports, the Panchayat had issued a show cause notice, as evident by Ext.P1 is the submission. Pursuant to similar complaints before the 3rd respondent Pollution Control Board, the Board conducted an investigation and issued a show cause notice to the petitioner. Ext.P2 is the show cause notice of the 3rd respondent. The petitioner submitted Ext.P3 reply to Ext.P2 show cause notice. Thereafter, as per Ext.P4, the 2nd respondent issued an order imposing a fine of Rs. 50,000/- on the petitioner. The Panchayat has imposed a fine on the petitioner for discharging wastewater into public places, thereby polluting water sources. According to the petitioner, Ext.P4 was issued without affording the petitioner an opportunity to be heard. Hence, this writ petition.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Panchayat.

5. The counsel for the petitioner submitted that, as per Section 219Y of the Kerala Panchayat Raj Act, 1994 (for short, Act 1994), no fine can be imposed without giving an opportunity of hearing. According to the petitioner, only a show-cause notice was issued, to which the petitioner submitted his reply, and thereafter, there was no hearing. The Standing Counsel for the Panchayat submitted that Ext.P4 is a self-speaking order detailing the serious pollution committed by the petitioner, and hence a fine was imposed; there is nothing to interfere.

6. This Court considered the contentions of the petitioner and the Standing Counsel for the Panchayat. Ext.P4 is the impugned order in this case, by which the petitioner was directed to pay a fine of Rs. 50,000/- for the reason stated therein. The short point raised by the petitioner is that Ext.P4 is an order passed without giving an opportunity of hearing to the petitioner. This Court first perused Ext.P1 show cause notice. Ext.P1 was issued alleging a violation of Section 219 of the Act 1994. In Ext.P4, the fine is imposed for a violation of Sections 219I and 219K of the Act 1994. According to the petitioner, in the light of Section 219Y, an opportunity of hearing is necessary. It will be better to extract Section 219Y of the Act 1994:

                  "219Y. Provisions regarding imposition of fine,-

                  (1) No fine under section 219 and sections 219A to 219X, except penalty specified in sections 219 I and 219N, shall be imposed by the Secretary unless the person concerned,-

                  (i) is given a notice in writing informing him of the grounds on which the fine is to be imposed; and

                  (ii) is given an opportunity of being heard within such reasonable time as may be specified in the notice.

                  (2) While fixing the fine under sub-section (1), the Secretary shall consider the size or quantity of the waste involved, the category, size and location of the household, hotel, industry or other establishment, and any rules or guidelines as may be made or issued by the Government in this behalf.

                  (3) Any fine imposed under section 219 and sections 219A to 219 W shall be recovered as arrears of public revenue as specified in section 210."

7. On a perusal of Section 219Y of Act 1994, it is clear that no fine under Sections 219 and Section 219A to 219X, except penalty specified under Sections 219I and 219N, shall be imposed by the Secretary unless the person concerned is given a notice in writing informing him the grounds on which the fine is to be imposed and after giving an opportunity of being heard within such a reasonable time as may be specified in the notice. Admittedly, a show-cause notice was issued to the petitioner, as evident by Ext.P1, and the petitioner submitted his reply thereto. However, the mandatory hearing as per Section 219Y(1)(ii) was not conducted. If that is the case, Ext.P4 is unsustainable for that ground itself. When the provision says that the fine can be imposed only after issuing a notice and after giving an opportunity to be heard, the Panchayat cannot impose a fine after issuing a show-cause notice, without giving an opportunity of hearing to the petitioner. For that simple reason, Ext.P4 is to be set aside.

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

                  1. Ext.P4 is set aside.

                  2. The 2nd respondent is directed to reconsider the matter in the light of Section 219Y of the Kerala Panchayat Raj Act, after giving an opportunity of hearing to the petitioner and other affected parties, if any, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.