IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 17511 of 2011(L) ---------------------------------------- PETITIONER(S): ----------------------- PUTHIYEDATH RAMANKUTTY, S/O.CHOYI, AGED 67 YEARS, `LIPNA NIVAS', THALAKULATHUR AMSOM AND DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI, SRI.V.A.SATHEESH. RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, CIVIL STATION, CALICUT-673 020, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 3. P.T. AYISHABI, W/O.LATE ABDULRAHIMAN HAJEE AGED 80 YEARS, `ARAFA', ELATHUR POST, KOZHIKODE DISTRICT. 4. NAFEESA, D/O.LATE ABDULRAHIMAN HAJEE, AGED 55 YEARS, `AYISHA', ELATHUR POST, KOZHIKODE DISTRICT. 5. JAMEELA, D/O.LATE ABDULRAHIMAN HAJEE, AGED 50 YEARS, `WHITE MAHAL', THIKKODI, KOZHIKODE DISTRICT. 6. SAKEENA, D/O.LATE ABDULRAHIMAN HAJEE, AGED 48 YEARS, `AL-FALAH', ELATHUR POST, KOZHIKODE DISTRICT. 7. FATHIMATH REHNA, D/O.LATE ABDULRAHIMAN HAJEE, AGED 37 YEARS, `REEHA', ELATHUR POST, KOZHIKODE DISTRICT. R1 & R2 BY GOVT. PLEADER MR.T.K. ARAVINDKUMAR BABU. R3 TO R7 BY ADV. SRI.E.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 17511 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STOP-MEMO ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER DATED 22/06/2011. EXT.P2: COPY OF THE PLAINT IN O.S. NO.303/2011 IN THE COURT OF THE MUNSIFF, KOZHIKODE-I, DATED 20/06/2011. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE RELEVANT PAGE OF THE 'METRO MANORAMA' DATED 18/06/2011. EXT.R3(b): COPY OF THE REPRESENTATION DATED 18/06/2011 TO THE RDO, KOZHIKODE. EXT.R3(c): COPY OF THE REPORT DATED 18/06/2011 SUBMITTED BY THE VILLAGE OFFICER TO THE TAHSILDAR. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17511 OF 2011 ----------------------------------------------------- Dated this the 28th day of July, 2011 J U D G M E N T Heard the learned counsel for the petitioner and also the learned counsel for the respondents 3 to 7. 2. In this writ petition the petitioner challenges Ext.P1, an order issued by the first respondent requiring him and the other tenants of the building mentioned therein, not to carry on their business in view of the dangerous condition of the building. The main case of the petitioner is that this order was passed, without notice to him and to get over Ext.P2, the civil suit that is pending before the Munsiff Court, Kozhikode. Factually the contention that Ext.P1 was issued without notice to the petitioner is correct. 3. In that view of the matter I direct that Ext.P1 be treated as a show cause notice. The petitioner will file his W.P.(C) No. 17511 OF 2011 :2 : objection to Ext.P1 within seven days from today and on receipt of the objection as above, the first respondent will issue notice to the parties and after hearing them, pass fresh orders within seven days thereafter. Until then the interim order passed by this court on 29.6.2011 will remain in force. Petitioner to produce a copy of this judgment along with a copy of this writ petition before the first respondent for compliance. 4. It is made clear that since the petitioner has obtained interim order in this writ petition and is continuing business in the building in question the same will be at the risk of the petitioner himself. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge