IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 19261 of 2010(G) -------------------------- PETITIONER(S): --------------- ABDUL WAHAB, AGED 62 YEARS, S/O.SULAIMAN RAWTHER, KALATHIVILAYIL KANNAMKODE ADOOR, PAHANAMTHITTA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA 2. THE ADDITIONAL TAHSILDAR, ADOOR. 3. THE VILLAGE OFFICER, ADOOR. GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19261 of 2010 ================== Dated this the 16th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P2 notice issued by the 2nd respondent directing the petitioner to vacate the property in possession of the petitioner on the ground that the property is Government land illegally occupied by the petitioner. The petitioner contends that the property is the absolute property of the petitioner and is not Government land. He also raises a contention that before issuing Ext.P2, the petitioner had not been given an opportunity of being heard. 2. I have heard the learned Government Pleader also. 3. From Ext.P2 I find that the same does not refer to any previous notice or hearing to the petitioner. That being so, I am inclined to treat Ext.P2 only as a show cause-notice. Accordingly, this writ petition is disposed of with the following directions: The petitioner as well as the respondents shall treat Ext.P2 as a show-cause notice directing the petitioner to show-cause why the petitioner should not be evicted from the property in question. The petitioner shall file his reply to the same within two weeks from today. Thereafter, the 2nd respondent shall pass a considered order after affording an opportunity of being heard to the petitioner, which shall w.p.c.19261/10 2 include opportunity to adduce evidence also, as expeditiously as possible. Needless to say, till after one week from the date of service of the order on the petitioner, which shall be a speaking order considering every contention of the petitioner giving reasons as to why the petitioner's contentions are not applicable, the petitioner shall not be evicted from the property in question. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge