IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37813 of 2010(B) -------------------------- PETITIONER(S): --------------------- JOY JOSEPH,AGED 54 YEARS,S/O.JOSEPH, RESIDING AT KAROTTE HOUSE,MALAYINKEEZHU, KOTHAMANGALAM-686 691,ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM SRI.JEFF JOSEPH RESPONDENT(S): ------------------------ 1. ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION,OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,KOTHAMANGALAM-686691, ERNAKULAM DISTRICT. 2. TAHSILDAR,TALUK OFFICE,KOTHAMANGALAM- 686691,ERNAKULAM DISTRICT. 3. TALUK SURVEYOR,TALUK OFFICE, KOTHAMANGALAM-686691,ERNAKULAM DISTRICT. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 37813 OF 2010 ===================== Dated this the 22nd day of December, 2010 J U D G M E N T Petitioner is aggrieved by Ext.P3, an order issued by the 1st respondent alleging that the petitioner has encroached into the road puramboke and made certain constructions. It is stated that such construction should be demolished and removed within two days. Based on Ext.P4, Ext.P3 dated 17/12/2010 was issued. It is apprehending that coercive action based on Exts.P3 and P4 will be initiated that the writ petition was filed. 2. Although on receipt of Ext.P4, he filed Ext.P5 reply, without considering the said reply or hearing him, he was issued Ext.P3. It is in the above circumstances, the writ petition was filed. Now that obviously the communications were issued without issuing notice to the petitioner or conducting any measurement after putting him on notice, coercive action if any taken on the basis of Exts.P3 and P4 will be in violation of the principles of natural justice. 3. In that view of the matter, I direct that Ext.P3 dated 17/12/2010 will be treated as a notice and the petitioner will be WPC No. 37813/10 :2 : free to file his objection and afford him an opportunity of hearing. It is also clarified that any measurement of the objectionable construction will be conducted only with notice to the petitioner. It is directed that if the petitioner files his objection within two weeks from today, he will be heard in the matter and thereafter fresh orders will be passed. Until then coercive action based on Exts.P3 and P4 will be kept in abeyance. 4. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp