IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 1400 of 2010(Y) ------------------------- PETITIONER(S): --------------- SURENDRAN PILLAI, S/O.BALARKRISHNA PILLAI, AGED 37 YEARS, VALLIYATHU PUTHEN VEETTIL, IVERKALA PADINJATTAKKARA THEKKU, KUNNATHUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOLLAM. 3. THE TAHSILDAR, KUNNATHUR TALUK OFFICE, SASTHAMKOTTA. 4. VILLAGE OFFIER, VILLAGE OFFICE, KUNNATHUR EAST P.O., KOLLAM-690 540. 5. THE SECRETARY, KUNNATHUR GRAMA PANCHAYAT, KUNNATHUR EAST P.O., KOLLAM-690 540. 6. SOMAVALLI, W/O.SURENDRAN, SUNIL BHAVANAM, PUTHENAMBALAM P.O., KOLLAM DISTRICT. ADV. SRI.K.HARILAL FOR R6 SRI.BINDU SREEKUMAR FOR R6 SRI.P.B.SURESH KUMAR FOR R5 SRI.LEO GEORGE FOR R5 SRI.K.N.SASIDHARAN NAIR FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1400 OF 2010 (Y) -------------------------------------------------- Dated this the 5th day of March, 2010 J U D G M E N T Limited prayer that is sought for by the petitioner is that the petitioner should also be heard by the 5th respondent before a final decision is taken on Ext.P2. It is stated that on a complaint made by the 6th respondent alleging that the petitioner had encroached into the public road and that thereupon Ext.P2 show cause notice was issued. On receipt of the show cause notice petitioner filed Ext.P3 reply and the matter is pending consideration of the 5th respondent. It is in the meanwhile that this writ petition is filed and as already seen, the request of the petitioner is that, before a final decision is taken he should also be heard. Having regard to the fact that Ext.P2 notice is addressed to the petitioner and he has filed Ext.P3 reply, I see nothing improper in the request made by the petitioner. Therefore, the writ petition is disposed of directing that if final orders have not been passed so far, the 5th respondent shall issue notice and hear the petitioner and the 6th respondent before any final decision on Ext.P2 is taken. WPC.No. 1400/2010 :2 : Petitioner shall produce a coy of the judgment before the 5th respondent for compliance. vi (ANTONY DOMINIC) JUDGE