IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26477 of 2011(H) ------------------------------------- PETITIONERS: -------------------- 1. PONNACHAN, S/O.GEORGE, EZHIYATHU VEEDU, KARVOOR P.O., PATHANAPURAM. 2. SIVA PRASAD, PUTHENPURAYIL, KARIKUZHY, KARAVOOR P.O., PATHANAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KOLLAM-691001. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROAD), PUNALUR, KOLLAM DISTRICT-691305. 3. MOHANAN NAIR, CHANGALIPPALLIL HOUSE, KARAVOOR P.O., PATHANAPURAM-691314. BY GOVERNMENT PLEADER, SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26477 of 2011(H) APPENDIX PETITIONERS EXHIBITS: EXT.P1 : TRUE COPY OF THE PLAINT, O.S.402/2006 BEFORE THE MUNSIFF'S COURT, PUNALUR, DATED 20/12/2006. EXT.P2 : TRUE COPY OF THE JUDGMENT DATED 10.01.2008 IN O.S.402/2006 BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P3 : TRUE COPY OF THE MEMORANDUM OF APPEAL, A.S.24/2008 BEFORE THE SUB COURT, KOTTARAKKARA, DATED 04.02.2008. EXT.P4 : TRUE COPY OF THE LICENCE OF THE FIRST PETITIONER DATED 03.08.2009 BY PIRAVANTHUR GRAMA PANCHAYATH. EXT.P5 : TRUE COPY OF THE RECEIPT DATED 11.1.2011 ISSUED BY THE PIRAVANTHUR GRAMA PANCHAYATH. EXT.P6 : TRUE COPY OF THE DOCUMENT DATED 11.03.2005 PRODUCED BY THE SECOND PETITIONER. EXT.P7 : TRUE COPY OF THE RELEVANT PORTION OF THE WRIT PETITION, W.P.(C) NO.33475/2006 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM DATED 13.12.2006. EXT.P8 : TRUE COPY OF THE INTERIM ORDER DATED 11.12.2007 IN I.A.16243/2007 IN W.P.(C) NO.33475/2006 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P9 : TRUE COPY OF THE RELEVANT PORTION OF I.A.7261/2011 PRAYING FOR A MODIFICATION OF EXT.P8 DATED 03.05.2007. EXT.P10 : TRUE COPY OF THE NOTICE DATED 27.09.2011 FROM THE ASSISTANT EXECUTIVE ENGINEER. EXT.P11 : TRUE COPY OF THE NOTICE DATED 27.09.2011 FROM THE ASSISTANT EXECUTIVE ENGINEER. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A.TO JUDGE ln P.R.RAMACHANDRA MENON, J ----------------------------------------- WP(C) NO. 26477 OF 2011 ------------------------------------ Dated this the 4th day of October, 2011. JUDGMENT The petitioner has approached this Court with the following prayers: (i) To call for the records leading to Ext.P11 and quash Exts.P10 and P11 by a writ of certiorari or any other appropriate writ, order or direction. (ii) To issue a writ of mandamus or any other appropriate writ order or direction directing respondents 1 and 2 not to implement Ext.P10 and P11 in any manner. (iii) Stay all further proceedings pursuant to Exts. P10 and P11, until the disposal of this Writ Petition. (iv) Award costs and (v) Any other reliefs this Hon'ble Court deems fit. 2. The learned counsel for the petitioner submits that the petitioner has approached this Court because of apprehension as to the coercive steps sought to be pursued by the respondents for evicting the petitioner from the premises. It is stated that the petitioners are in possession of the property for the last several decades and that the petitioner 2 WP(C) No. 26477/2011 has produced the documents in support thereof. 3. The learned Government Pleader appearing for the respondents submits that Exts.P10 and P11, which are under challenge in the Writ Petition are only 'notices' issued in tune with relevant provisions of law, asking for the reply if any, from the petitioner. It is open for the petitioner to submit the reply before the concerned authority, which will be duly considered; submits learned Government Pleader. 4. In the above circumstance, this Court finds that the alleged cause of action with reference to Exts.P10 and P11 is premature. Interference is declined and the Writ Petition is dismissed, without prejudice to the rights and liberties of the petitioner to submit reply to Exts.P10 and P11 and pursue the matter accordingly. On filing the reply as aforesaid, the matter shall be considered and finalised by the concerned respondent in accordance with law, after giving an opportunity of hearing to the petitioner. P.R.RAMACHANDRA MENON JUDGE dnc