IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 W.P(C).No. 1961 of 2008(H) --------------------------------- PETITIONER: -------------- C.P. PAUL, SON OF C. POULOSE, CHITTILAPPILLY HOUSE, VAZHANI ROAD, WADAKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, THRISSUR, 2. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS, SUB DIVISION, TALAPPILLY, WADAKKANCHERY, THRISSUR DISTRICT. 3. THE THASILDHAR, TALAPPILLY, WADAKANCHERY 4. THE TALUK SURVEYOR, TALAPPILLY, WADAKANCHERY BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 1961 OF 2008 H = = = = = = = = = = = = = = = = Dated this the 16th January, 2008 J U D G M E N T Petitioner submits that without any notice or other intimation he is required to vacate from the land and that he is also threatened to be evicted. Ext. P3 is the notice that is referred to in this context. I notice from Ext. P3 and other documents that the findings in the said communication have been arrived at without putting the petitioner on notice or hearing. In view of this it is to be held that Ext. P3 is the one issued in violation of the principles of natural justice. This is all the more so for the reason that prior to Ext. P3 though a survey was conducted and boundaries were fixed that action was also without notice to the petitioner. 2. In view of all these, I direct that Ext. P3 be treated as a show cause notice and it will be open to the petitioner to file his objection to Ext. P3. Such objection shall be filed by the petitioner within three weeks from today and on receipt of the objection, the W.P.(C) No. 1961 OF 2008 -2- 2nd respondent shall issue notice to the petitioner, hear him and pass orders dealing with the contentions raised. Until orders are passed as above, it is directed that all further proceedings pursuant to Ext. P3 will stand deferred. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-