IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 1972 of 2011(V) -------------------- PETITIONER : --------------------- V.SHAHUL HAMEED, S/O.AHAMMED KUTTY, AGED 50 YEARS, PROPRIETOR, HOTEL GARDEN NON-VEGETARIAN CANTEEN, MALAMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA DAM, DEPARTMENT OF IRRIGATION, MALAMPUZHA, PALAKKAD DISTRICT, PIN-678 014. 3. THE SUB INSPECTOR OF POLICE, MALAMPUZHA, PALAKKAD DISTRICT, PIN-678 014. R1 TO R3 BY GOVT. PLEADER SRI. DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ------------------------- W.P (C) No.1972 of 2011 -------------------------- Dated this the 19th January, 2011 J U D G M E N T Issue raised in this writ petition is covered by the directions issued by this Court in the judgment in W.P (C) No.1935/2011. For the reasons stated therein, the petitioner cannot be evicted on the strength of Ext.P6 notice and necessarily proceedings will have to be initiated against the petitioner as contemplated under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act 1971. Therefore, leaving it open to the respondents to initiate such action and directing that until such proceedings under the Act are completed he shall not be disturbed on the strength of Ext.P6, the writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 2010 2