IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 16577 of 2007(W) --------------------------------------- PETITIONERS: -------------------- 1. UMMER.V., VELUTHEDATH, S/O.MAMMAD KOYA, DOOR NO.25/361, CHALIYIL, P.O.POKKUNNU. 2. V.ABOOBACKER, S/O.MAMMAD KOYA, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE TAHSILDAR, KOZHIKODE. 4. THE VILLAGE OFFICER, KASABA, KOZHIKODE. BY GOVERNMENT PLEADER SRI. M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 16577/2007 W APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LICENCE ISSUED BY THE KOZHIKODE CORPORATION TO THE P2 DT. 23/1/2007. EXT.P2. COPY OF THE NOC ISSUED BY THE FOREST DEPARTMENT TO THE P2 DT. 11/2/2003. EXT.P3. COPY OF THE TAX RECEIPT DT. 23/1/2007. EXT.P4. COPY OF THE SALE DEED DT. 27/1/72. EXT.P5. COPY OF THE SALE DEED DT. 07/05/2002. EXT.P6. COPY OF THE NOTICE DT. 28/5/07 BY THE R3. RESPONDENT'S EXHIBITS NIL. True copy tga ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 16577 OF 2007 W = = = = = = = = = = = = = = = = Dated this the 29th February, 2008 J U D G M E N T The challenge in this writ petition is against Ext. P6. Ext. P6 has been issued on the allegation that the petitioners trespassed into the Government land and on that basis they were called upon to vacate from the land. It is also informed that in case of default they will be forcefully evicted from the land in question. According to the petitioners, the land was purchased by them and it is not a puramboke land as wrongly alleged in Ext. P6. 2. Irrespective of the controversies, in my view, Ext. P6 cannot be allowed to be implemented for the reason that before the said order was issued, the petitioners ought to have been given a show cause notice and as such a notice has not been given, the proceedings are liable to be interfered with. 3. Taking into account the circumstances as explained above, I dispose of this writ petition directing that Ext. P6 will be treated as a W.P.(C) No. 16577 OF 2007 - 2 - show cause notice and within two weeks from today, it will be open to the petitioners to file their objections to the 3rd respondent in which event the 3rd respondent shall pass orders in the matter with notice to the petitioners and adverting to the contentions raised by them. Needless to say that until orders are passed as above, further proceedings pursuant to Ext. P6 will stand stayed. ANTONY DOMINIC JUDGE jan/-